Document Type

Article

Disciplines

International Law

Abstract

Plastic pollution has emerged as a global concern, posing significant threats to the environment and humanity. Recognizing the urgent need to address the detrimental effects of plastics, the members of the United Nations have agreed to establish a binding global treaty on plastic pollution by 2024. This ambitious treaty aims to regulate the full life cycle of plastics, encompassing production, usage, and disposal. However, negotiations over the treaty remain ongoing.

This paper seeks to propose an international legal mechanism that can contribute to the ongoing and future plastics treaty negotiations. Specifically, it suggests the incorporation of civil liability elements into the plastics treaty. Drawing insights from the Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal, this paper explores the key elements of civil liability under the liability regime of international environmental law and applies them to plastic pollution. By adopting those elements, those involved in hazardous activities throughout the full life cycle of plastics can be held liable for the damage caused, even when they have exercised due care. This incorporation upholds international legal principles, such as the polluter pays principle; enhances efficiency in invoking liability claims; and bolsters efforts to mitigate plastic pollution. Thus, it is crucial to proceed in a manner that maximizes the effectiveness of the civil liability elements when incorporating them into the plastics treaty because it will signify substantial progress not only in combating plastic pollution but also in advancing civil liability itself.

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