Filling the Gaps in the Global Governance of Marine Plastic Pollution

In a new article Filling the Gaps in the Global Governance of Marine Plastic Pollution in Natural Resources & Environment (Vol. 35, No. 4, Spring 2021) published by the American Bar Association, Section of Environment, Energy, and Resources, the author explores the following question:

Effective responses to marine plastic pollution will require unwavering commitments by all stakeholders to change their behavior. What is the best way forward?

Below is an abbreviated version of the article. The full version is available here. 

---

Humankind cannot survive without a healthy ocean, but our collective actions are rapidly destroying the ocean resources that sustain us. Marine pollution is one of the key elements that contributes to the degradation of this shared, interconnected, and largest ecosystem of the Earth. However, marine pollution governance is not homogeneous. Some pollution sources, such as wastewater discharges from a ship, are managed under a global organization and distinct methods can be applied, such as controlling the amount of discharge, or filtering certain pollutants. Other sources, such as marine plastic pollution, lack global governance. Also, marine plastic pollution is a life-cycle issue which transcends national borders. Changes at various levels, such as the choice of raw materials, production, consumption, and end of life processes can dictate the efficacy of tackling this grave challenge. But how do we best accomplish this goal?

In terms of governance measures, legal instruments and institutional frameworks at the global, regional, national, and subnational levels play important roles in combating marine pollution. Indeed, numerous agreements and various institutional arrangements exist.  However, some subject matters (e.g., governance of marine biodiversity areas beyond national jurisdiction) may benefit from a global, integrated, and coordinated action.  Candidate problems are multidimensional and transboundary in nature with existing gaps in legal and institutional arrangements where sectoral and fragmented governance measures are ineffective. Marine plastic pollution arguably falls into such a category.

Numerous experts support the idea of an international binding agreement, and discussions at UN Environment Assembly continue on the fate of an integrated global approach. In addition, momentum continues to grow among various regional groups and Member States towards this global architecture. Such partnerships and collaborative work may galvanize the necessary political will to move forward towards a new global binding treaty. But the question of the content, structure, and the negotiation processes remain undecided. Further discussions will need to wait until February 2022, when UNEA resumes its meeting in person in Nairobi.

This article discusses (1) challenges associated with marine plastic pollution (2) key elements of the 2017 UN Environment Assembly assessment on marine plastic pollution governance measures (2017 UNEA Assessment) (3) some of the lessons learned from the on-going high seas treaty negotiations at the UN that could provide insights to future negotiations on a global binding agreement on marine plastic pollution. Further, the article concludes that the hybrid option provided in the 2017 UNEA Assessment has great appeal. It prioritizes an urgent undertaking of voluntary measures and, in parallel, the development of a treaty. Indeed, immediate to short-term measures need not wait for a global treaty and could complement various initiatives. For example, increasing investments in research, education, and partnerships could be a critical bridge between now and when (or if) there is a global treaty on marine plastic governance.

Our current love affair with plastic as we know it must end. The ocean is degrading at an unprecedented pace and unless there are meaningful changes throughout the world, we are projected to have more plastic than fish in the ocean by 2050. Marine plastic pollution also presents equity issues, where developing countries suffer disproportionate negative impacts, particularly the small island developing States that rely heavily on marine resources. Plastic waste also impacts impoverished countries because waste is shipped to such countries where the materials exacerbate poverty. It will take unwavering commitments from a vast number of people to change our day-to-day behavior towards a more sustainable lifestyle. But we have the tools, experiences, and wisdom to take action. It is incumbent on each and every one of us to do our part in protecting the ocean that sustains our lives. To that end, the legal community plays an important role in creatively using the rule of law to enable transformative changes for the current and future generations.

---

For any inquiries, please contact Ms. Muraki Gottlieb at hmurakigottlieb@law.pace.edu

---

About the Author

WCEL Member Hiroko Muraki Gottlieb has over 20 years of experience in law and policy on sustainability and international affairs. As the Representative for the Ocean, International Council of Environmental Law, she leads the ICEL delegation to the high seas treaty negotiations at the UN. Hiroko is also the Senior Ocean Governance Advisor, IUCN, Adjunct Professor of Law at Haub Law, and Associate, Department of Organismic and Evolutionary Biology, Harvard University.  Her previous roles include Charge d’affaires/Senior Counsellor, Permanent Observer Mission of International Chamber of Commerce to the UN, and Counsel, Corporate Environmental Affairs, IBM. 

Ms. Muraki Gottlieb has been appointed as the IUCN World Commission on Environmental Law's Focal Point for the resolution, WCC-2020-Res 019 Stopping the global plastic pollution crisis in marine environments by 2030. As the Focal Point, from now through 2024, she will liaise with the IUCN Secretariat to ensure the implementation of the resolution and report annually on the steps taken towards its implementation on behalf of IUCN WCEL. Ms. Muraki Gottlieb can be contacted at hmurakigottlieb@law.pace.edu