Flexibility Mechanisms in the Global Plastics Treaty

Negotiations for the Global Plastics Treaty will continue at the resumed fifth session of the Intergovernmental Negotiating Committee (INC-5.2) this August.

To finalise an effective instrument, negotiators must find convergence among divergent views on scope and ambition. One possible solution is to include flexibility mechanisms based on a country’s capacity and readiness, which have been employed in other multilateral environmental agreements (MEAs) to maintain global commitments. These approaches ensure “no country behind is left behind” while ensuring that “all other countries are not held back.”

This briefing looks at how other MEAs have built in flexibility mechanisms, including the International Convention for the Prevention of Pollution from Ships (MARPOL), the Convention on International Trade in Endangered Species (CITES), the Montreal Protocol and the Kigali Amendment.

Drawing lessons from these agreements, it explores how similar mechanisms could be applied in the Global Plastics Treaty to ensure meaningful participation and implementation across countries with varying capacities and levels of ambition, while noting that these approaches are not without pitfalls that must be carefully considered.