ABSTRACT
Marine plastic pollution is a growing global issue that severely affects our ecosystems, biodiversity, and human well-being. Both national and international organisations have established frameworks and regulations to address the increase of plastic pollution in marine environments, covering everything from rules on the disposal of hazardous materials and chemicals used in plastic manufacturing to initiatives that promote recycling. Despite these efforts, there remains a need for a more effective legal instrument to govern marine plastic pollution. Current conventions lack a comprehensive life-cycle approach or strong enforcement mechanisms. A Global Plastics Treaty could offer a potential solution and fill the gaps present in existing regulations. This article critically examines the current landscape of marine plastics regulation while analysing the intended contributions and challenges that a global plastics law might face in regulating marine plastic pollution.
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Table of Contents
- Introduction 3
- Why Marine Plastic Pollution Matters 8
- Challenges of Global Regulations and Their Inadequacies to Govern Marine Plastics Pollution
- Ocean Cleaning Initiatives and Adequacy of Remediation Technologies 41
- Regulation of Remediation Activities: The Role of Proposed Global Plastic Treaty 43
- Challenges Facing Marine Pollution Remediation 46
- Recommendations 47
- Conclusion 51
Introduction
Over the course of one or two centuries, humanity has witnessed significant environmental evolution. These evolutions were targeted at making life easier and more progressive than ever. However, they came at dire costs, one of which is the contamination of the ocean with plastics.1 The ocean covers over 70% of the Earth’s surface, which makes it essential for sustaining life on Earth.2 It is the primary source of food for many humans and home to many aquatic species. However, it faces the risk of marine pollution, specifically marine plastic pollution. This is a result of man’s overdependence on the use of plastic products, which often end up as plastic waste in the ocean.3 Its effect is not only limited to the endangerment of aquatic species but also the contamination of the source of livelihood for many communities that depend on fishing.4 This Article is significant because it critically interrogates the legal framework for marine plastic pollution regulation and how the forthcoming Global Plastics Treaty is set to fill in the gap in marine plastic pollution governance.
Understanding key terms is essential when discussing marine plastic pollution. Marine pollution is the act of introducing toxic, harmful substances or pollutants into the
* Dr Ndubuisi Augustine Nwafor is a Lecturer at the School of Law, University of the West of England (UWE), Bristol, UK. The author is a member of the Research in Public International Law (RIPIL) group at UWE Law School. He thanks Professor Tony Walker from the School for Resource and Environmental Studies, Dalhousie University, Canada, for his mentorship over the years, encouraging this research and providing critical, constructive feedback on the draft. All opinions expressed herein are those of the author and do not reflect the views of his organisation or research group.
1 Bethanie Carney Almroth & Håkan Eggert, Marine Plastic
Pollution: Sources, Impacts, and Policy Issues, 13 REV. ENV’T ECON. & POL’Y 317 (2019), https://doi.org/10.1093/reep/rez012.
2 While Oceans Cover 70 Per Cent of Earth’s Surface, Understanding Has Lagged, Speakers in Lisbon Dialogue Stress, Offering Ways to Close Knowledge Gap, UN OCEAN CONF. (June 30, 2022), https://press.un.org/en/2022/sea2152.doc.htm.
3 Nelson Rangel-Buitrago et al., Rethinking Plastic Entrapment: Misconceptions and Implications for Ecosystem Services in Coastal Habitats, MARINE POLLUTION BULL., Jul. 2024, at 1-2.
4 G.G.N. Thushari & J.D.M. Senevirathna, Plastic Pollution in the Marine Environment, HELIYON, Aug. 2020, at 1-2, 8.
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ocean, which has a detrimental effect on biodiversity and marine ecosystems.5 It is made up of many pollutants, some of which include chemicals, wastes, and plastics. These pollutants, in most cases, disrupt the natural balance of marine life. According to the assessment by the United Nations Environmental Programme (“UNEP”), the effect of marine pollution goes beyond its impact on aquatic species; it is a threat to human health as a result of man’s exposure to contaminated seafood and the degraded coastal environment in which he lives.6 On the other hand, plastic pollution is a specific type of pollution that emanates from the dumping of plastic waste in waterways and oceans.7 Statistics indicate that the global production of plastics since the mid-20th century has reached over 8 billion tonnes, with less than 10% of it being recycled.8 This increase has led to millions of plastic wastes entering the marine environment on an annual basis, where humans and aquatic wildlife alike feel its effects. UNEP has emphasized the need to address this problem to preserve marine biodiversity.9 Another related term of interest is marine plastic pollution. This has to do with the accumulation of plastics in oceans and other water bodies, which are classified under macro- and microplastics.10 Marine plastic pollution often presents a negative impact on marine life, human
5 Marta Fava, Ocean Plastic Pollution: An Overview: Data and Statistics UNESCO-IOC (May 9, 2022), https://oceanliteracy.unesco.org/plastic-pollution-ocean/.
6 Plastic Pollution & Marine Litter, UNITED NATIONS ENV’T PROGRAMME (Jun. 3, 2023), https://www.unep.org/topics/ocean-seas- and-coasts/ecosystem-degradation-pollution/plastic-pollution-marine- litter.
7 Golam Kibibria et al., Plastic Waste: Challenges and Opportunities to Mitigate Pollution and Effective Management, 17 INT’L
J. ENV’T RES. 20, Jan. 20, 2023, at 1-3.
8 Laura Parker, A Whopping 91% of Plastic Isn’t Recycled, NAT’L GEOGRAPHIC (Dec. 20, 2018),
https://www.nationalgeographic.com/science/article/plastic-produced- recycling-waste-ocean-trash-debris-environment.
9 Global Partnership on Plastic Pollution and Marine Litter, UNITED NATIONS ENV’T PROGRAMME, https://www.unep.org/explore- topics/oceans-seas/global-partnership-plastic-pollution-and-marine- litter (last visited Dec. 5, 2024).
10 Adriana García Rellán et al., Sources, Sinks and Transformations of Plastics in Our Oceans: Review, Management Strategies and Modelling, SCI. OF THE TOTAL ENV’T Sept. 9, 2022, at 1- 2,5.
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health, and the planet. Over the years, the quantity of plastic waste, scattered throughout the ocean, has drastically increased.11 For this reason, countries have been making concerted efforts to eradicate this pollution crisis. One of the efforts made is the ongoing negotiation for the implementation of the Global Plastics Treaty. This treaty aims to create a legally binding commitment by signatory countries to reduce the production of plastics and promote effective waste management practices all over the world, including in the ocean.12 Outside of the treaty, other effective solutions would include improving recycling technologies, promoting the principles of a circular economy, and implementing policies to reduce the use of single- use plastics and microplastics. Amidst these solutions, specific challenges abound that set the problem of marine plastic pollution in motion.
The challenges that result from marine plastic pollution have grown to become a global problem. The result of this pollution not only affects the ocean but also human health and the safety of the species that inhabit the oceans. Currently, there is an estimated 75–99 million tons of plastic waste in our oceans, with an additional 33 billion pounds entering these ocean bodies every year.13 This continuous production of plastic, when put into figures, amounts to over 8 million tonnes of plastic on an annual basis. It contributes 5.25 trillion pieces of macro- and microplastic debris to the ocean.14 To have a better grasp of the threat of plastic waste to our marine life and ecosystem, 46,000 pieces of plastic is in every square mile of the ocean.15 The Great
11 Rakesh Kumar et al., Impacts of Plastic Pollution on Ecosystem Services, Sustainable Development Goals, and Need to Focus on Circular Economy and Policy Interventions, SUSTAINABILITY Sept. 6, 2021, at 1-2.
12 The Global Plastics Treaty Explained, INTERREG BALTIC SEA REGION, (Apr. 30, 2024), https://interreg-baltic.eu/project- posts/baltiplast/the-global-plastics-treaty-explained/.
13 Nicolle Portilla, Plastic Pollution in The Ocean – 2024 Facts and Statistics, RECYCLE TRACK SYS. (Jan. 1, 2024),
https://www.rts.com/blog/plastic-pollution-in-the-ocean-facts-and- statistics/.
14 Laura Parker, Ocean Trash: 5.25 Trillion Pieces and Counting, but Big Questions Remain, NAT’L GEOGRAPHIC (Jan. 10, 2015), https://www.nationalgeographic.com/science/article/150109-oceans- plastic-sea-trash-science-marine-debris.
15 Basel Convention on the Control of Transboundary Movements
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Pacific Garbage Patch is a better image of this, which contains over 1.8 trillion pieces of plastic.16 The effect of these plastic dumps ranges from the disruption of the habitat for marine animals to the blocking of the sunlight for plankton and algae, which tilts the balance in oceanic food webs.17 These effects go beyond the aquatic environment and extend to human health.18 Luckily, the Intergovernmental Negotiating Committee’s (“INC”) sole aim is to create a legally binding instrument that would help reduce and curtail the crisis of plastic pollution.19 The United Nations Environment Programme (“UNEP”) established this committee in March 2022 to develop an instrument (Global Plastics Treaty) to address the full life cycle of plastics.20 The main goal of this committee is to create a simple and legally binding global treaty that would address the issues of plastic pollution. INC is made up of representatives from member states, civil society, and industry stakeholders. These representatives play a significant role in trying to harmonize national regulations, encourage best practices, and ensure that countries are held accountable in the fight to reduce plastic pollution. The goals of this committee are fundamental, considering that marine plastic pollution goes beyond boundaries and affects communities and ecosystems all over the world.21 The Global Plastic Treaty will play a crucial role in the
of Hazardous Wastes and their Disposal, BASEL CONVENTION https://www.basel.int/Implementation/MarinePlasticLitterandMicropl astics/Overview/tabid/6068/Default.aspx (Last visited Dec. 5, 2024).
16 The Great Pacific Garbage Patch, THE OCEAN CLEANUP, https://theoceancleanup.com/great-pacific-garbage-patch/ (Last visited Dec. 5, 2024).
17 Thanigaivel et al., Environmental Fate of Aquatic Pollutants and Their Mitigation by Phycoremediation for the Clean and Sustainable Environment: A Review, 240 ENV’T RSCH 117460 (2024), https://doi.org/10.1016/j.envres.2023.117460 (Last visited 5 December 2024).
18 Philip J Landrigan et. al, Human Health and Ocean Pollution, ANNALS OF GLOBAL HEALTH, 2020, at 2.
19 United Nations Environment Programme, Intergovernmental Negotiating Committee on Plastic Pollution, https://www.unep.org/inc- plastic-pollution (Last visited Dec. 2024).
21 Patricia Villarrubia-Gómez et. al, Marine Plastic Pollution as a Planetary Boundary Threat—The Drifting Piece in the Sustainability Puzzle, MARINE POLICY 213 (2018). The study highlights the harmful effects of microplastic pollution (MPP) on organisms, ecosystems,
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fight against global plastic pollution, including in the marine environment. One of its goals is to establish legally binding measures that are designed to promote sustainable practice and reduce humans’ reliance on single-use plastics.22 It also aims to mitigate the environmental impact of plastic pollution on human health by addressing the entire lifecycle of plastics.23 For the goals of this treaty to be achieved, countries must work together and commit to combating this issue.
This article will be divided into several subtopics that show the significance of addressing the issue of marine plastic pollution through legal frameworks. Section I examines the
human well-being, and economic sectors like tourism, aquaculture, and navigation. The increasing number of MPP studies reflects rising concern over these impacts. The authors report that a first global assessment has identified the sources, movement, and consequences of ocean microplastics, emphasizing the urgent need for policy intervention, societal response, and further research to guide effective action. On their part, Iroegbu et al. argue that despite being a long- standing issue, plastic pollution remains a growing threat that demands urgent and comprehensive action. They estimated that over 10% of global plastic waste generated in 2016 entered aquatic ecosystems, and without immediate intervention, plastic debris in these environments could exceed 80 million metric tons by 2030. This level of pollution could displace water, reduce aquatic habitats, increase flooding risks, and worsen climate change. The resulting effects would endanger lives, damage property, and place significant pressure on healthcare systems, government finances, and the insurance sector. In response to these escalating environmental and biological pressures, they suggest that global stakeholders are increasingly aligning efforts under the Sustainable Development Goals (SDGs), aiming to ensure a healthier and more sustainable planet. As such, discussions on plastic pollution must focus not only on its challenges but also on mitigation strategies, framed within the broader context of the SDGs and contemporary environmental concerns. See Austine Ofondu Chinomso Iroegbu et al., Plastic Pollution: A Perspective on Matters Arising—Challenges and Opportunities, ACS OMEGA 6, 343 (2021); See generally, Murray R. Gregory, Environmental Implications of Plastic Debris in Marine Settings—Entanglement, Ingestion, Smothering, Hangers-On, Hitch-Hiking and Alien Invasions, PHIL. TRANSACTIONS OF THE ROYAL B. SOC. 364 (2009).
22 Global Plastics Treaty: A Turning Point in the Fight Against
Plastic Pollution, SOUTH EAST ASIA DEV. SOL. (Nov. 22, 2024), https://seads.adb.org/articles/global-plastics-treaty-turning-point- fight-against-plastic-pollution.
23 Id.
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importance of addressing marine plastic pollution. It will critically analyze the implications of marine plastics pollution concerning health and safety, climate change, Sustainable Development Goals, and the economy. Section II will probe into the legal framework for marine plastics regulations and the prospects and pitfalls of the Global Plastics Treaty. Section III offers an exploratory analysis of the remediation strategies for marine plastic pollution. This section explores the need to tackle this pressing issue and collaborate among member States to create an impactful solution. It will also offer a better understanding of the legal and socio-legal dimensions of the remediation of marine plastic pollution. Section IV will provide recommendations, and the conclusion will stress the significance of adopting the Global Plastics Treaty as a holistic approach to combating marine plastic pollution. The treaty advocates for a circular economy, extended producer responsibility, and innovations in recycling technologies while emphasizing international cooperation and capacity building. In essence, this article underscores the importance of swift negotiation and adoption of the Global Plastics Treaty, which addresses the full lifecycle of plastics as a vital solution to the growing threat of marine plastic pollution.
Why Marine Plastic Pollution Matters
Marine plastic pollution has come to be a pressing environmental issue that has continued to cause implications for our health, economy, and aquatic ecosystems.24 It poses an imminent threat to marine biodiversity and all things that depend on a healthy oceanic system for their survival.25 The
24 Emanuela Guzzetti et. al, Microplastic in Marine Organism: Environmental and Toxicological Effects, ENV’T, TOXICOLOGY & PHARMACOLOGY 64, 164 (2018). The authors argue that microplastics pose an increasing threat to marine organisms and ecosystems. The danger they present goes beyond their physical presence; they also act as carriers for toxic environmental pollutants, absorbing contaminants from seawater and transferring them through the food chain, thereby magnifying the risks to marine life. See generally Tainá C. Costa et. al, The Effect of Plastic Pollution on Coastal Marine Organisms—A Systematic Review, ENV’T MONITORING & ASSESSMENT 197, 5–6, 13
25 Suvarna S. Devi & A. Biju Kumar, Impacts of Mesoplastics and Microplastics on Marine Biodiversity, in MESO AND MICROPLASTIC RISK
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debris of plastics (also known as microplastics) scatters all over the ocean and poisons the food chain, which leads to a threat to human health.26 In addition, the production and disposal of plastics contribute to the emission of greenhouse gases, which causes depletion of the ozone layer and climate change.27 The connection between marine plastic pollution and climate change further presses the need to tackle this issue within the context of environmental sustainability. The effect of marine plastic pollution extends beyond the risk to human health, intersecting with the efforts of many countries aimed at achieving the Sustainable Development Goals (SDGs).28 The adverse effects of plastic pollution are undermining some of the progress made towards the SDGs, particularly in areas such as health, clean water, sanitation, and marine life. Only when links between these concepts are understood can effective policies and strategies that align with SDGs be developed. To have a better understanding of the effect of marine plastic pollution, we will analyze its adverse implications on some of the categories discussed below.
Health and Safety Implications
The ingestion of contaminated seafood and environmental degradation are primary health implications of marine plastic pollution that pose numerous health-related consequences for both marine life and human health. Chemical exposure from plastic pollution threatens human health through contaminated seafood. When plastics are not properly disposed of, they can leach out chemicals, such as endocrine disruptors or persistent organic pollutants, into the marine environment, which are very
Assessment in Marine Environments: New Threats and
CHALLENGES 309, 309–40 (2024).
26 Guzzetti et al., supra note 24, at 164.
27 Zhihao Yuan et al., Human Health Concerns Regarding Microplastics in the Aquatic Environment – From Marine to Food Systems, 823 SCI. OF THE TOTAL ENV’T , Feb.3,2022, at 1, 3; Maocai
Shen et al., (Micro)plastic Crisis: Un-ignorable Contribution to Global Greenhouse Gas Emissions and Climate Change, 254 J. OF CLEANER PROD., Jan. 13, 2020, at 1,4-5,10-11 [hereinafter Shen et al.].
28 Helen Victoria Ford et al., The Fundamental Links Between Climate Change and Marine Plastic Pollution, 806 SCI. OF THE TOTAL ENV’T Sept. 13, 2021, at 1,4,5,7.
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harmful to human health.29 These chemicals can affect breeding, development, and behavior in many kinds of aquatic life.30 When these substances bio-accumulate in marine organisms, there’s a high likelihood that they will affect the seafood that humans eat.
Ingesting microplastics through seafood poses a growing health risk. Research has shown that many kinds of marine species ingest microplastics. These species inadvertently serve as a delicacy and a source of food for many people around the world. Furthermore, a study stated that over 90% of seabirds and 50% of turtles have ingested plastics.31 This seafood, when eaten by humans, can cause gastrointestinal issues and other health implications.
Marine plastic pollution is a pressing issue, with plastic debris accumulating in our oceans and harming marine life. However, the impact of plastic pollution does not stop at the shoreline.32 Airborne microplastics are derived from the breakdown of plastic debris in oceans and other environments. These microplastics can become airborne through various means, such as air bubbles created by sea spray, winds, waves, wind-blown plastic debris,33 or human activities like waste management and industrial processes.34
Airborne microplastics are becoming a serious concern for human health. Recent studies have shown the presence of airborne microplastics in urban environments. The studies also
29 Charles Obinwanne Okoye et al., Toxic Chemicals and Persistent Organic Pollutants Associated with Micro-and Nanoplastics Pollution, 11CHEM. ENG’G J. ADVANCES Apr. 25, 2022, at 1,5,7.
30 Mine Tekman et al., Impacts of Plastic Pollution in the Oceans on Marine Species, Biodiversity and Ecosystems, WWF GERMANY (Jan. 2022), https://www.wwf.de/fileadmin/fm-wwf/Publikationen- PDF/Plastik/WWF- Impacts_of_plastic_pollution_in_the_ocean_on_marine_species biodi versity_and_ecosystems.pdf.
31 Yelim Moon et al., Characteristics of Plastic Debris Ingested by Sea Turtles: A Comprehensive Review, 58 OCEAN SCI. J. Nov. 9, 2023, at 1 31.
32 Kumar et al., supra note 11 Sept. 2021, at 1, 3, 5–6.
33 Shanye Yang et al., Global atmospheric distribution of microplastics with evidence of low oceanic emissions, NPJ CLIMATE AND ATMOSPHERIC SCI. Feb. 25, 2025, at 1–2, 5.
34 Ashkan Jahandari, Microplastics in the urban atmosphere: Sources, occurrences, distribution, and potential health implications, J. OF HAZARDOUS MATERIALS ADVANCES July 21, 2023, at 1, 3–5.
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noted that a higher percentage of these airborne microplastics is found in cities.35 These atmospheric microplastics can cause respiratory issues in human health when inhaled. The risk is even higher for those living in the coastal areas where plastic waste is prevalent.
Climate Change Implications
The implications of plastic pollution on climate change cannot be overemphasized. Marine plastic pollution, together with climate change, presents devastating impacts on the ecosystem. Primarily, plastics contribute to the increase in greenhouse gas (“GHG”) emissions from the beginning to the end of their lifecycle. On the other hand, the extreme weather conditions that come with climate change help in spreading plastic waste in the oceans.36 When producing plastics, fossil fuel extraction is heavily relied on, which invariably produces GHGs. It continues to emit GHGs from the beginning to its end-of-life cycle. The emission of GHGs does not only come from the production of plastics; it also comes from the extraction and transportation of raw materials, plastic waste management, and when the plastics enter the environment.37 In 2015, it was recorded that the production of plastic emitted over a billion metric tonnes of carbon dioxide (“CO2”), which covers three percent of the total fossil fuel emissions globally.38 However, contrary to popular belief, most of the damage done by plastic to the climate is done after the end of its life span. This end-of-life cycle is comprised of recycling, landfill, and incineration, which vary based on the amount of GHG emissions produced.
Aside from the direct impact of plastics on the climate, marine plastic pollution also affects the species that form the basis of the marine food chain. Importantly, the ocean is the most essential part of the global carbon cycle. When primary producers of oxygen in the ocean, such as phytoplankton, are at risk due to widespread microplastics in the ocean that prevent them from absorbing CO2 for growth, the stability of the marine ecosystem is destroyed.39 As such, marine plastic pollution can
36 Ford et al., supra note 28, at 4–5.
37 Shen et al., supra note 27, at 1, 4–5, 10–11.
39 Id. at 8.
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affect basic organisms in the marine food chain. It can also affect the process of gas exchange and destroy the balance of the carbon cycle in the ocean.
Sustainable Development Goals Implications
The Sustainable Development Goals (“SDGs”) are a set of forward-looking goals adopted by the United Nations in 2015 and targeted toward achieving zero poverty, a safe and protected planet, and world peace and prosperity by 2030. The SDGs build upon the Millennium Development Goals (“MDGs”), which were in effect from 2000 to 2015. Each of the 17 SDGs is supported by specific targets and indicators that help guide and measure progress.40
To holistically address the issue of marine plastic pollution, it is helpful to consider the linkages between SDG 6: Clean Water and Sanitation, SDG 12: Responsible Consumption and Production, and SDG 14: Life Below Water. This is because they demonstrate relevant but largely unexplored connections.41 Stopping the pollution before it enters the environment is likely the most effective approach to address Target 14.1 of SDG 14, which aims to prevent and significantly reduce marine pollution by 2025. However, due to the transboundary nature of plastic pollution, more data is needed on its sources and destinations. Owing to the complexities regarding plastic transport and its persistence in the environment, this article will critically analyze whether it would be helpful if industries could include information about their plastic waste in their reports.42 In highlighting the impacts and importance of sustainable development goals, this paper will try to provide insights into the interconnectedness of some of these goals and their impact on the fight against marine plastic pollution.
SDG 6, which focuses on Clean Water and Sanitation, directly impacts marine pollution, as inadequate sanitation and
40 The 17 Goals, UNITED NATIONS DEP’T OF ECON. AND SOC.
AFFAIRS, https://sdgs.un.org/goals (Last visted Aug. 10, 2025).
41 UNIV. OF BERGEN, ADDRESSING MARINE PLASTIC POLLUTION THROUGH A SDG 6, 12, AND 14 NEXUS, UNIV. OF BERGEN (2021). For
instance, improving wastewater treatment (SDG 6) not only enhances water quality but also reduces plastic pollution in rivers and the ocean (SDG 14).
42 A goal of Target 14.1.1.
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wastewater treatment systems often lead to the discharge of untreated sewage and plastic waste into rivers and oceans. This pollution contaminates marine ecosystems, harming aquatic life and impacting human health through the consumption of contaminated seafood.43
In addition, SDG 12, which promotes responsible consumption and production patterns, addresses the root cause of marine plastics pollution. Overconsumption and unsustainable production patterns are major drivers of plastic pollution.44 The linear “take-make-dispose” model, characterized by excessive single-use plastics, overpackaging, and inadequate waste management, contributes significantly to the accumulation of plastic debris in the marine environment.45 The excessive production and consumption of single-use plastics, coupled with inadequate waste management systems, contributes to the accumulation of plastic debris in our oceans. Therefore, it is essential to promote sustainable consumption and production practices which can reduce the flow of plastic waste into the marine environment. Also, SDG 14, which aims to conserve life below water and encourage sustainable use of the oceans, seas and marine resources, directly addresses the protection and sustainable use of marine and coastal ecosystems.46
Marine plastic pollutants, particularly from abandoned fishing gear “ghost nets” and single-use plastics, directly undermine SDG 14’s goal of sustainable ocean use by depleting fish stocks through ghost fishing, contaminating seafood with toxins, and degrading habitats essential for fisheries and coastal livelihoods.47
43 How Does Plastic Pollution Affect Marine Life, FAUNA & FLORA, https://www.fauna-flora.org/explained/how-does-plastic-pollution- affect-marine-life/ (Last visited Jan. 4, 2024).
44 Kumar et al., supra note 11, at 1–2.
45 Mehdi Leman, 4 False Solutions that Won’t Solve the Plastic
Pollution Crisis, GREENPEACE MIDDLE EAST AND AFR. (May 14, 2024),
https://www.greenpeace.org/mena/en/false-solutions-that-wont-solve- the-plastic-pollution- crisis/#:~:text=Relying%20on%20recycling%20perpetuates%20the,of% 20overproduction%20and%20consumption%20of.
46 Goal 14, UNITED NATIONS DEP’T OF ECON. & SOC. AFF.,
https://sdgs.un.org/goals/goal14#:~:text=Goal%2014.,resources%20for
%20sustainable%20development%2018. (Last visited Jan. 8, 2024).
47 Thomas P. Good et. al., Derelict Fishing Nets in Puget Sound
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The interrelation of SDGs, particularly in curbing marine plastic pollution, cannot be overemphasized. Because encouraging and curbing the menace of plastic pollution requires the concerted efforts of all players and stakeholders, the interconnectedness of water, energy, and food systems is crucial in addressing marine plastic pollution. For example, unsustainable agricultural practices can lead to plastic pollution by using plastic-intensive fertilizers, pesticides, mulch and silage films, bale wraps, row covers, landscape fabrics, high and low tunnel covers, irrigation piping, drip tape, and packaging materials.48 At the same time, energy production and consumption can contribute to plastic waste generation and pollution.49 In corollary, implementing circular economy principles in waste management can significantly reduce marine plastic pollution.50 This involves designing products with end-of-
and the Northwest Straits: Patterns and Threats to Marine Fauna,
60(1) Marine Pollution Bulletin 39–50 (2010).
48 See Douglas G. Hayes, Impact of Plastics in Agriculture, 15 Agriculture 2 (2025). According to Carmen Morales-Caselles et al., recent agricultural practices which rely on plastic materials account for the plastic greenhouses in China, Mediterranean Europe, North Africa, and the Middle East. According to them, Plastic mulching and greenhouse technologies, including net-covered structures (nethouses), are widely adopted due to their economic benefits, such as higher yields, improved fruit quality, earlier harvests, and enhanced water- use efficiency. The popularity of agroplastics stems from their lightweight nature, affordability, ease of installation and maintenance, and durability. However, this extensive use generates substantial plastic waste, which is typically managed through landfilling, recycling, or pyrolysis, and disposal patterns often vary with crop seasonality. See Carmen Morales-Caselles et al., Agricultural Plastics as Marine Pollutants: Empirical Evidence from Inland and Coastal Field Surveys, ISCIENCE 28, 1 (2025).
49 For example, more research is needed to quantify the impact of
specific consumption and production patterns (SDG 12) on marine plastic pollution in different regions and to understand the effectiveness of various wastewater treatment technologies (SDG 6) in mitigating plastic pollution.
50 See Kristian Syberg et al., Circular Economy and Reduction of Micro(nano)plastics Contamination, J. HAZARDOUS MATERIALS ADVANCES 5, 2-3 (2022); N.F. Pambudi et al., Enhancing Public Participation in Plastic Waste Management for a Sustainable Circular Economy: Insights from Indonesia, J. MATERIAL CYCLES & WASTE MGMT. 27, 3367–89 (2025); M. Raj et al., Plastic Waste Management
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life considerations, promoting recycling and reuse, and investing in waste management infrastructure. Additionally, raising awareness about the impacts of marine plastic pollution and promoting sustainable consumption habits are essential for behavioral change. This includes encouraging the reduction of single-use plastics, supporting businesses that adopt sustainable practices, and promoting responsible waste disposal.51
SDGs are essential to addressing marine plastic pollution, as they provide a framework for managing ocean waste. Many countries have adopted the goals of the SDGs since their launch in 2015 by the United Nations to improve their sustainability.52 Keeping to the existing seventeen SDGs has proven to be a challenge for many countries. Marine plastic pollution has likely increased this challenge. The issue of marine plastics is recognized globally and by various countries in the United Nations SDGs. It is recognized under Goal 14, which is “to conserve and sustainably use the oceans, seas and marine resources for sustainable development.”53 Specifically, in Target 14.1.1.b, by 2025, the goal is to prevent and significantly reduce marine pollution of all kinds, including marine debris and nutrient pollution, from land-based activities.54 In addition to
Strategies: Planning Through a Sustainable Lens and Way Forward Towards Circular Economy, DISCOVER SUSTAINABILITY 6, 7 (2025); Rethinking Plastics—Circular Economy Solutions to Marine Litter, GIZ (Jan. 2021), https://2023.tuewas-asia.org/wp- content/uploads/2021/10/Factsheet_Rethinking-plastics-circular- economy-solutions-to-marine-litter_04032021.pdf.; Muhammad Anwar et al., Circular Plastic Economy for Sustainable Development: Current Advances and Future Perspectives, RSCH. SUSTAINABILITY 3, 3730–3732 (2025).
51 SDG goal 4 would be instructive on the importance of educating the population on sustainable waste disposal.
52 Vierros et al. argue that SDG 14 has played a pivotal role in galvanising global momentum to address plastic pollution in the marine environment. Since the adoption of the 2030 Agenda and the Sustainable Development Goals in 2015, marine plastic pollution has emerged as a prominent issue within global environmental governance, reflecting its growing recognition as a transboundary and urgent threat requiring coordinated international action. Marjo Vierros et al., Building Global Momentum Towards Managing Marine Plastic Pollution Through SDG 14, OCEAN & SOC. 2 (July 30, 2024).
54 See generally, G.A. Res. 70/1 ¶ 14.1, (Sept. 25, 2015); U.N.
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the direct indicators related to plastic pollution, there are also indirect indicators within the SDGs that shed light on this issue. For instance, SDG 11.6.1 measures the proportion of municipal solid waste managed in controlled facilities compared to the total waste generated by cities, providing insights into waste management practices.55 Similarly, SDG 12.5.1 tracks the national recycling rate and the amount of material recycled, offering valuable data on recycling efforts.56 However, the latest SDG report fails to mention any progress made towards these crucial targets, signaling a potential lack of prioritization in addressing plastic pollution.57 A report by the International Council for Science emphasizes the interconnectedness between SDG 14, focused on marine life conservation, and eight other SDGs.58 It highlights the symbiotic relationship between these goals, indicating that progress in SDG 14 is contingent upon achieving the objectives outlined in the complementary SDGs. This interconnected approach underscores the holistic nature of sustainable development, where environmental conservation efforts are intertwined with broader societal and economic goals.59 The environmental degradation caused by unsustainable practices leading to marine pollution extends beyond surface-level impacts and penetrates all ocean compartments, posing significant risks to human health. From plastic debris accumulating on beaches to microplastics infiltrating marine life, the implications of pollution are far- reaching and manifold. Only through the promotion of a
Statistics Div., Target 14.1 & Indicator 14.1.1(b), https://unstats.un.org/sdgs/indicators/indicators-list/; United Nations, Target 14.1, https://sdgs.un.org/goals/goal14.
56 Gabi. Muhammad & Alexandra Truzsi, Advancing Sustainable Waste Management Through National Recycling Rate Under SDG 12.5.1, INT’L J. ENG’G & MGMT. SCI. 10, 62–65 (2025); U.N. Statistics
Division, SDG Metadata: Indicator 12.5.1 (National Recycling Rate, Tons of Material Recycled), WORLD BANK, https://worldbank.github.io/sdg-metadata/metadata/en/12-5-1/.
57 See United Nations, The Sustainable Development Goals Report 2025 (2025), https://unstats.un.org/sdgs/report/2025/The-Sustainable- Development-Goals-Report-2025.pdf.
58 Peter Stoett et al., Global Plastic Pollution, Sustainable Development, and Plastic Justice, 184 WORLD DEVELOPMENT, Aug. 5, 2024, at 2.
59 Id.
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sustainable ocean economy can the overarching objectives of all SDGs be effectively realized. By fostering responsible resource management, supporting marine conservation initiatives, and promoting eco-friendly practices, a sustainable ocean economy can catalyze achieving global sustainability targets. Urgently addressing marine plastic pollution, particularly from sources like ocean littering and single-use items, is fundamental to promoting a sustainable ocean economy. Only through fostering responsible resource management, supporting marine conservation initiatives, and promoting eco-friendly practices like a circular economy can we reduce ecological harm and effectively realize the overarching objectives of all SDGs.60 Apart from this, there is no other specific mention of targets that aim to reduce microplastics or indicators to measure their reduction.61 This lack of focus on plastic pollution reduction highlights a critical gap in current sustainability efforts. To illustrate the urgency of addressing plastic pollution, the target year for reducing marine pollution was set at 2025, which is earlier than most targets within the SDGs slated for achievement by 2030. This accelerated timeline underscores the pressing need for immediate action to combat the detrimental effects of plastic waste on marine ecosystems.
Regional Comparisons
The effects of marine plastic pollution are felt differently across each region of the globe, with each region facing its own unique challenges. From contaminated seafood to deteriorating environments, these issues pose real health risks to people and marine life alike. Understanding how different countries are affected can help us grasp the global scale of this problem and its impact on human health.
In Africa, the impact of marine plastic pollution is mainly caused by the lack of sound waste management systems. Many communities living in the coastal regions of Africa depend on
60 Maria Râpă et al., An Overview of the Current Trends in Marine Plastic Litter Management for a Sustainable Development, 9 RECYCLING, Apr. 9, 2024, at 1, 21.
61 Tony Walker, (Micro)plastics and the UN Sustainable Development Goals, 30 CURRENT OPINION IN GREEN AND SUSTAINABLE CHEMISTRY, Apr. 15, 2021, at 1.
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fishing and seafood as their source of livelihood. Due to their inadequate waste management systems, many of the region’s waters are contaminated with plastic debris, which poses several health risks.62 The region contributes only five percentto the global production of plastic,63 yet it faces severe health risks owing to mismanaged waste.64 Countries like Nigeria and South Africa have been reported to have high levels of plastic waste in their waters, which contaminates their seafood and leads to gastrointestinal diseases, among others.65 Plastic reduction policies have been widely adopted in Africa, but they are mainly punitive, involving outright legislative bans. Limited evidence exists that documents the effectiveness of these legislative bans on curbing plastic marine pollution in Africa.66
In Europe, there have been significant efforts to reduce plastic pollution by way of regulatory frameworks. However, this does not mean that the issue of marine plastic pollution is not prevalent there. According to the European Environmental Agency, eighty-five percent of marine litter whose sources are land-based is from plastics.67 This is a significant problem, given its impact on marine life and human health through the food chain. Microplastics absorbed in seafood and drinking water in this region can cause health issues such as immune system damage or reproductive disorders.68
62 Emmanuel Olusegun Akindele & Chibuisi Gideon Alimba, Plastic Pollution Threat in Africa: Current Status and Implications for Aquatic Ecosystem Health, 28 ENV’T SCI. AND POLLUTION RSECH. 7636- 7651 (2021).
63 Tackling Health Impacts of Plastic Pollution in Africa, WORLD HEALTH ORG. (June 5, 2023), https://www.afro.who.int/news/tackling- health-impacts-plastic-pollution-africa.
64 Nayanathara Thathsarani Pilapitiya & Amila Sandaruwan Ratnayake, The World of Plastic Waste: A Review, 11 CLEANER MATERIALS (2024).
65 Adewale Adewuyi & Qilin Li, Emergence of Microplastics in African Environmental Drinking Water Sources: A Review on Sources, Analysis and Treatment Strategies, 16 J. OF HAZARDOUS MATERIALS ADVANCES (2024).
66 Ndubuisi Augustine Nwafor & Tony R. Walker, Plastic Bags Prohibition Bill: A Developing Story of Crass Legalism Aiming to Reduce Plastic Marine Pollution in Nigeria, 120 MARINE POL’Y (2020).
67 Plastics, EUR. ENV’T AGENCY (Nov. 27, 2024),
https://www.eea.europa.eu/en/topics/in-depth/plastics.
68 Steve Allen et al., Examination of the Ocean as a Source for
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Asia tops the chart as the most significant contributor to global plastic pollution. This is mainly because of its dense population and inadequate waste management systems. Countries like China and India still struggle to regulate the widespread microplastic contamination in their coastal waters.69 This contamination affects the seafood they eat, which tends to lead to health issues such as hormonal disruptions and gastrointestinal problems.70 In addition, the toxic gases emitted during the incineration of plastic waste in some regions cause respiratory problems and other health issues.71
Marine plastic pollution affects both the ecosystem and human health in Australia. Statistics show that the marine
Atmospheric Microplastics, 15 PLOS ONE = (2020).
69 Kai Zhang et al., Microplastic Pollution in China’s Inland Water Systems: A Review of Findings, Methods, Characteristics, Effects, and Management, 630 SCI. OF THE TOTAL ENV’T 1641-1653 (2018).
70 According to Alberghini et al., once ingested, microplastics can act locally in the intestine or translocate to other organs via the circulatory system. Within blood vessels, micro- and nanoplastics may trigger systemic inflammatory responses, blood cell cytotoxicity, pulmonary hypertension, inflammation, and vascular occlusions. The authors also note that in humans, microplastics could produce metabolic effects analogous to those observed in mice and marine organisms, including alterations in energy expenditure, nutrient absorption, and metabolic enzyme activity. Depending on their distribution and host response, microplastics can induce local or systemic immune reactions. Notably, in genetically susceptible individuals, even environmental exposure alone may disrupt immune function, potentially leading to autoimmune disorders or immunosuppression. Leonardo Alberghini et al., Microplastics in Fish and Fishery Products and Risks for Human Health: A Review, INT’L J. ENV’T RSCH. & PUB. HEALTH 20, 790–792 (2023); Studies lend support that long-term exposure to microplastics and their associated chemicals can disrupt endocrine function, affecting thyroid hormone production and metabolism. Sana Ullah et al., A Review of the Endocrine Disrupting Effects of Micro and Nano Plastic and Their Associated Chemicals in Mammals, FRONTIERS ENDOCRINOLOGY 13, 2– 3 (2023); As microplastics accumulate in the gastrointestinal tract following ingestion, they may disrupt the gut microbiome and contribute to gastrointestinal disorders, including inflammation and dysbios. Sudipta Sankar Bora et al., Microplastics and Human Health: Unveiling the Gut Microbiome Disruption and Chronic Disease Risks, FRONTIERS CELLULAR & INFECTION MICROBIOLOGY 14, 2, 4–9 (2024).
71 Id.
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waters in Australia have between 4,200 and 5,000 microplastics per square kilometer.72 Microplastics found in Australian waters are ubiquitous, but their exact concentrations are dynamic. Plastic pollution in Australia’s inland waterways and soils is widespread. A study of microplastic pollution in the residue of the Brisbane River in Queensland found that the levels of microplastic pollution are comparable to or higher than those of many other world rivers.73
Marine plastic pollution is a growing problem in the Americas. It threatens both public health and the environment. America’s problems as they relate to marine plastic pollution are dual. It is guilty of overproducing plastics and having inadequate facilities to recycle these plastics. In the United States, it was discovered that between 1.13 million and 2.24 million metric tons of plastic waste leak into the environment every year.74 In the Caribbean, the plastic waste found yearly accounts for eighty percent of the total litter.75 This is higher than the global average. As a result, marine life is at risk of ingesting microplastics, which has harmful effects on them.
Understanding these regional differences in marine plastic pollution is crucial because it highlights how diverse factors such as waste management systems, industrial activity, and policy approaches shape the severity and impact of the crisis in each area. Recognizing these disparities allows for targeted solutions, ensuring policies address the unique challenges each region faces and is ultimately the first step toward effective, equitable
72 Janet Bering & Rachel Karasik, Plastic Pollution Policy Country Profile: Australia NICHOLAS INSTITUTE FOR ENV’T POL’Y SOL. (2022),
https://nicholasinstitute.duke.edu/sites/default/files/projects/Plastic- Pollution-Policy-Country-Profile-Australia.pdf.
74 Tik Root, U.S. is Top Contributor to Plastic Waste, Report Shows, WASH. POST (Dec. 1, 2021),
https://www.washingtonpost.com/climate- environment/2021/12/01/plastic-waste-ocean- us/#:~:text=The%20researchers%20estimated%20that%20between,th e%20end%20of%20the%20decade.
75 Addressing Marine Plastics in Latin America and the Caribbean, WORLD BANK GRP. (May 31, 2023),
https://www.worldbank.org/en/region/lac/brief/addressing-marine- plastics-in-latin-america-and-the-caribbean.
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action to protect both marine ecosystems and human health worldwide.
Economic and Environmental Impact of Marine Plastics
Marine ecosystems worldwide contribute significantly to human well-being, providing food production, carbon storage, waste detoxification, and cultural benefits like recreation and spiritual enrichment.76 This implies that degradation of these ecosystems could endanger the continued welfare of human societies, particularly in coastal communities. The impact of marine plastic pollution on the economy and environment of a country is devastating, with far-reaching consequences for both coastal communities and national economies. Coastal populations, particularly those dependent on marine resources, are disproportionately affected as their shorelines become littered with plastic debris carried by ocean currents. The environmental degradation caused by plastic waste disrupts ecosystems, reduces biodiversity, and diminishes the natural beauty of coastal areas, further exacerbating socioeconomic challenges.
The economic repercussions of marine plastic pollution are profound and multifaceted. Cleaning up microplastic waste regularly incurs significant financial costs. It is estimated that the remediation of plastic waste costs governments and businesses around $13 billion annually in efforts to clean up generated waste.77 It also affects commercial fisheries, tourism, shipping, and the national economy of the country, whose duty it is to allocate an extra budget for removing the plastic waste.78 In a country like Scotland, the removal of plastic debris from the waters results in lost fishing time and additional cleaning
76 Nicola J. Beaumont, et al., Global Ecological, Social and Economic Impacts of Marine Plastic 142 MARINE POLLUTION BULLETIN 189–195 (2019).
77 Emily H., Year-End Reflection: The Impact of Plastic Pollution in 2024, EQUO (Dec. 20, 2024), https://shopequo.com/blogs/blog/year- end-reflection-the-impact-of-plastic-pollution-in- 2024?srsltid=AfmBOopkVKkOfO-7V- iCRDpbF49fGeEAyCNaFKE_zVGzIH7TSBOLYmZL.
78 Id.
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expenses.79 The fishing and aquaculture sectors are two of the major contributors to sustainable livelihoods, and any impact arising from marine plastic litter can be detrimental to the welfare of humans. Ironically, it is activities like fishing, beach recreational activities, and aquaculture that tend to generate more marine plastic waste.80
Furthermore, marine plastic pollution leads to the degradation of the marine environment. When microplastics are deposited in the ocean, they modify the marine environment and push particular aquatic species out of their natural habitat.81 Species such as coral reefs, which are very essential to marine life, are damaged by microplastics.82 They endanger the entirety of biodiversity and marine ecosystems. The presence of a high quantity of marine plastic in an environment is a result of an economy that is resource inefficient.83 This type of economy is characterized by a lack of infrastructure, improper and unplanned dumping, inadequate legislation, and mismanagement.
Challenges of Global Regulations and
Their Inadequacies to Govern Marine Plastics Pollution
Global marine plastic pollution is a significant threat to ocean ecosystems and human health.84 However, existing international, regional, and national regulations have been unable to tackle the issue effectively.85 This is a result of the
79 Thushari & Senevirathna, supra note 4.
80 Abalansa, S. et al., The Marine Plastic Litter Issue: A Social- Economic Analysis, 12 SUSTAINABILITY 8677 (2020).
81 Sameh Ali, S. et al., A Critical Review of Microplastics in Aquatic Ecosystems: Degradation Mechanisms and Removing Strategies, 21 ENV’T SCI. & ECOTECHNOLOGY 100427 (2024).
82 Naimur Rahman et al., Microplastic as an Invisible Threat to the Coral Reefs: Sources, Toxicity Mechanisms, Policy Intervention, and the Way Forward, 454 J. OF HAZARDOUS MATERIALS 131522 (2023).
83 Golam Kibriaet al., Plastic Waste: Challenges and Opportunities to Mitigate Pollution and Effective Management, 17 INTERNATIONAL J. OF ENV’T RSCH (2023).
84 Philip J. Landrigan, et al., Human Health and Ocean Pollution, 86 ANNALS OF GLOB. HEALTH 151 (2020).
85 Sen Wang, International Law-Making Process of Combating
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fragmented nature of global governance, which is full of overlapping jurisdictions and inconsistent enforcement.86 The fragmented governance structure undermines the efforts made to reduce marine plastic pollution. This overlap and lacuna in laws has the tendency to lead to global regulatory gaps and a lack of united efforts among nations. In other cases, the public’s ignorance also contributes to inadequate regulation and enforcement.87 To address these challenges, there is a need to take the approach of enacting a law that is comprehensive and coordinated on an international level. Doing this would help in strengthening the regulations. It would also promote the mechanisms adopted for enforcement and increase collaboration among global players to combat marine plastic pollution.88 Before this, we must first explore the existing international legal framework and the impact it has had on marine plastic pollution.
International Legal Frameworks Governing Marine Plastic Pollution
International legal frameworks on marine plastic pollution include treaties, conventions, agreements, and norms aimed at regulating and mitigating the impact of plastic pollution in the world’s oceans.89 Firstly, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their
Plastic Pollution: Status Quo, Debates and Prospects, 147 MARINE POL’Y 105376 (2023).
86 Mette Eilstrup-Sangiovanni, & Oliver Westerwinter, The Global Governance Complexity Cube: Varieties of Institutional Complexity in Global Governance, 17 REVIEW OF INT’L ORG. 233-262 (2022).
87 Dylan Scott, Everyone Knows Plastic Pollution is Bad. Why Is It So Hard for the World to Act?, VOX (Sept. 24, 2024), https://www.vox.com/climate/373316/plastics-microplastics-humans- water-environment-health).
88 Ling-Ya Hung Shun-Mei Wang & Ting-Kuang Yeh, Collaboration between the Government and Environmental Non- Governmental Organisations for Marine Debris Policy Development: The Taiwan Experience, 135 MARINE POL’Y 104849 (2022).
89 Yen-Chiang Chang & Muhammad Saqib, International Legal Systems in Tackling the Marine Plastic Pollution: A Critical Analysis of UNCLOS and MARPOL, 17(10) WATER 2025 1547 (2025).
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Disposal,90 while primarily focused on hazardous waste, also indirectly addresses plastic waste, mainly when it contains dangerous substances. Through its amendment of Annexes II, VIII, and IX, the Convention was able to provide solid control over the transboundary movements of plastic wastes, thereby promoting environmentally sound management.91 These amendments categorized plastic wastes based on their hazard levels and their ability to be recycled.92 They also provided prior informed consent (“PICA”) for the export of mixed or contaminated plastic waste, which helps to make sure that such waste is managed in an environmentally sound manner.93
Secondly, there is the International Convention for the Prevention of Pollution from Ships (“MARPOL”) as one of the existing frameworks for the control of marine plastic pollution. It aims to eliminate and reduce the amount of garbage being discharged into the sea from ships.94 It clarified that this garbage includes domestic wastes, operational wastes, food wastes, and all plastics, fishing gear, cooking oil, incinerator ashes, cargo residues, and animal carcasses that are generated during the regular operation of the ship.95 Regulation Three of the framework provides that:
The discharge into the sea of all plastics, including but not limited to synthetic ropes, synthetic fishing nets,
90 Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (adopted 22 March 1989, entered into force 5 May 1992) 28 ILM 657.
91 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, ‘Plastic Waste Amendments’, BRS CONVENTIONS,
https://www.basel.int/implementation/plasticwaste/amendments/over view/tabid/8426/default.aspx (Last visited Jan. 7 2025) [hereinafter Plastic Waste Amendments].
92 Amendments to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, June 2022, annex II, VIII, IX [hereinafter Basel Convention (as amended)]; Plastic Waste Amendments, supra note 91.
94 International Convention for the Prevention of Pollution from Ships (MARPOL), INT’L MAR. ORG.,
https://www.imo.org/en/about/Conventions/Pages/International- Convention-for-the-Prevention-of-Pollution-from-Ships- (MARPOL).aspx (Last visited Jan. 7, 2025).
95 Id.
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plastic garbage bags, and incinerator ashes from plastic products is prohibited.
Related provisions were made in Regulations Four and Six.96 Regulation Seven states that violations of its provisions, such as the unlawful discharge of plastics, can result in penalties and enforcement actions by flag States or port States. It may lead to ships being inspected and fines or sanctions being imposed if such vessels are found to have discharged plastics and other garbage into the sea unlawfully. With these provisions, MARPOL Annex V was able to establish an explicit ban on illegal dumping of waste and plastics in the ocean, which contributes to marine plastic pollution. On a global scale, it encourages member states to collaborate among themselves to reduce the surge in marine plastic pollution that has been of great concern in recent times.97 In addition, the method of enforcement appears inconsistent, as member states mandated to enforce the convention may lack the capacity to do so due to the loose inspection systems of these member States.98 Loopholes observed often result in some ships sailing the sea undetected, while in breach of the framework.99 Furthermore, the focus of MARPOL Annex V was more on reducing garbage and plastics that ships dump in the ocean, with little attention on other sources from which plastics can enter the water bodies.100 Moreover, this framework failed to cover plastics that
96 MARPOL Annex V, Regulation 4.4: When garbage is mixed with or contaminated by other substances prohibited from discharge or having different discharge requirements, the more stringent requirements shall apply; Regulation 6.1: Discharge into the sea of food wastes shall be as far as practicable from the nearest land, but not less than 12 nautical miles from the nearest land or ice shelf. Food wastes shall be comminuted or ground and capable of passing through a screen with openings no greater than 25mm. Food wastes shall not be contaminated by any other garbage type. Discharge of introduced avian products, including poultry and poultry parts, is prohibited in the Antarctic area unless it has been treated to be made sterile.
97 Catarina Serra-Gonçalves et al., Assessing the effectiveness of
MARPOL Annex V at reducing marine debris on Australian beaches,
Marine Pollution Bull. 1, 2 (2023).
100 Jolanta Dąbrowska et al., Marine Waste—Sources, Fate, Risks, Challenges and Research Needs, INT’L J. OF ENV’T RSCH. AND PUB. HEALTH 1, 7 (2021).
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enter the water through the land.101 It was more focused on the plastics that were dumped in the water by the ship. Thirdly, the United Nations Convention on the Law of the Sea (“UNCLOS”) is another legal framework whose aim is to regulate the ecological life of the sea.102 It entered into force in 1994 as a Convention to promote the peaceful use of the seas, regulate the use of marine resources, and promote the conservation of living resources and the preservation of the marine environment.103 Though it did not directly address issues relating to marine plastic pollution, it did, however, make provisions that encompassed a prohibition on the dumping of debris in the sea, including plastic.104
Article 192 of the Convention states that States have a general obligation to protect and preserve the marine environment. This means that States are obligated to take measures to prevent and reduce plastic pollution that affects the marine environment. Also, Article 194 reiterated that States must take proper measures to prevent, reduce, and control pollution of the marine environment from any source, including land-based sources, vessels, and activities at sea. This provision implicitly covers both marine and land-based sources of plastic pollution. Articles 207 and 210 also have a provision that tries to reduce marine pollution in every way possible.105
101 Andrew Rakestraw, Open Oceans and Marine Debris: Solutions for the Ineffective Enforcement of MARPOL Annex V, 35 UC LAW SF INT’L L. REV. 383, 408 (2012).
102 United Nations Convention on the Law of the Sea (UNCLOS),
Int’l Maritime Org.
https://www.imo.org/en/ourwork/legal/pages/unitednationsconvention onthelawofthesea.aspx (last visited Jan. 7, 2025).
103 UNCLOS at 40, INT’L SEABED AUTHORITY,
https://www.isa.org.jm/unclos-at-40/ (last visited Jan. 7, 2025).
104 M. McMahon, Tides of Plastic: Using International Environmental Law to Reduce Marine Plastic Pollution, 28 HASTINGS ENV’T L. J. 49 (2022),
https://repository.uclawsf.edu/cgi/viewcontent.cgi?article=1617&conte xt=hastings_environmental_law_journal (last visited Jan. 7, 2025).
105 U.N. Convention on the Law of the Sea, Dec. 10, 1982, 1833
U.N.T.S. 397: “States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land- based sources, including rivers, estuaries, pipelines and outfall structures, taking into account internationally agreed rules, standards and recommended practices and procedures…States shall adopt laws
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Fourth, another convention that touches on marine plastic pollution worthy of note is the Stockholm Convention. This Convention came into existence in 2001 and was implemented in 2004.106 Its primary purpose is to protect human health and the environment from harmful chemicals that persist in the environment.107 To achieve this, the Convention aims to eradicate the use of Persistent Organic Pollutants (”POPs”) that can last in an environment, thereby causing harm to human health and the ecosystem. Concerning plastics, most microplastics are hypothesized to be carriers of these POPs.108 Additionally, certain plastics used and disposed of contain additives like stabilizers and flame retardants, which are classified as POPs and regulated by the convention.109 Notably, Article Three of the Convention states that parties are obligated to take measures to eliminate or restrict the production, use, and release of POPs listed in its annexes. Removing or limiting the production, use, and release of these POPs directly helps reduce plastics containing these chemicals in the environment and ecosystem. Also, Article Five states that parties must facilitate the unintentional release of POPs, part of which is generated during waste incineration. This is a significant source of marine plastic pollution. In Article Six, the Convention requires parties to ensure the sound management of stockpiles and wastes containing POPs, along with the best practices for identifying, handling, and disposing of these wastes without environmental contamination. In this regard, plastics containing POPs that can seep into the water body are also part of the referred to wastes.110
and regulations to prevent, reduce and control pollution of the marine environment by dumping.”
106 Stockholm Convention on Persistent Organic Pollutants, U.S. DEP’T OF STATE, https://www.state.gov/key-topics-office-of- environmental-quality-and-transboundary-issues/stockholm- convention-on-persistent-organic-pollutants/ (last visited Jan. 7, 2025).
108 Albert A. Koelmans et al., Plastic as a Carrier of POPs to Aquatic Organisms: A Model Analysis, ENV’T SCI. & TECH. 7812, 7812 (2013).
109 Persistent Organic Pollutants: A Global Issue, A Global Response, ENV’T PROT. AGENCY (Sept. 12, 2025),
https://www.epa.gov/international-cooperation/persistent-organic- pollutants-global-issue-global-response.
110 Frederic Gallo et al., Marine litter plastics and microplastics and their toxic chemicals components: the need for urgent preventive
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Legal Gaps and Challenges
At the center of the legal challenges facing marine plastic pollution laws is the fragmentation of these laws.111 Either these laws and rules address only one aspect of marine plastic pollution or regulate only a specified activity that pollutes the oceans.112 Currently, international agreements and rules that were created to address marine plastic pollution are dispersed across various types of multilateral environmental agreements or non-legally binding legal instruments.113 For example, MARPOL Annex V, the Basel Convention, and UNCLOS are instruments focused on marine environment protection, addressing the issue of marine plastic litter solely from an environmental standpoint.114 Similarly, the Stockholm Convention focuses more on protecting the land-based environment from POPs that are contained in wastes, which could be harmful to the ecosystem and human health.115 Although these instruments indirectly address marine plastic pollution and contribute to its reduction, they do not make it their primary legislative purpose. This makes it challenging for them to establish a comprehensive, mandatory, and authoritative international legal framework and regulatory mechanisms.116
Also, the current international legal instruments that are designed to control and prevent marine plastic pollution are not enforced in a uniform format.117 For example, UNCLOS requires State parties to make use of domestic legislation to prevent, control, and reduce pollution from six different sources of marine
measures, ENV’T SCI. EUR. 1, 6 (2018).
111 Siyu Li, Jinke Li & Jinshuai Zhang, International Legal System: Marine Pollution, SHS WEB OF CONF. 1, 2 (2023).
115 Pamela Chasek, Stockholm Convention on Persistent Organic Pollutants, INT’L INST. FOR SUSTAINABLE DEV. (Apr. 7, 2023),
https://enb.iisd.org/articles/Stockholm-convention.
116 João Pinto da Costa et al., The Role of Legislation, Regulatory Initiatives and Guidelines on the Control of Plastic Pollution, 8. FRONTIERS IN ENV’T SCI. 1, 9 (2020).
117 Xin Yang et al., International Law and Regulation of Marine Microplastics: Current Situation, Problems, and Development, 21 SUSTAINABILITY 1, 4 (2024).
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plastic pollution.118 However, such cases come with limited mechanisms for enforcement, making it challenging to hold States or polluters responsible for failing to prevent or mitigate marine plastic pollution, particularly as it relates to transboundary pollution from international waters.
Similarly, in MARPOL Annex V, State port authorities are required to make sure that ships comply with the provisions of the regulations and apply sanctions in cases of default, regardless of where they occur.119 It leads to inconsistency in enforcement, which reduces the effectiveness of regulation, as many vessels will be able to bypass certain flag States with loose port authorities. Those are direct, except for those that State parties decide to put in place by the provisions of the convention.120
Furthermore, the existing legal frameworks regulating marine plastic pollution do not provide an approach that covers the life cycle of plastic, as they inadequately address international cooperation on re-use, recycling, and recovery operations.121 For instance, Article Six of the treaty provides only for the management of stockpiles and wastes that contain POPs, thereby limiting its scope. They also have limited integration of waste management concepts, such as the circular economy.
These approaches, while more focused on how to manage these wastes, cannot in any way reduce the generation of plastics, as these hurt the marine environment at every stage of their life cycle.122 A better approach must have a close connection with a circular economy, thus shifting the attention from waste management to resource management.123 This life cycle
118 U. N. Convention on the Law of the Sea, Dec. 10, 1982, 1833
U.N.T.S. 397.
121 BASEL ACTION NETWORK, MISUSE OF THE BASEL CONVENTION ARTICLE 11 TO AVOID COMPLIANCE WITH NEW PLASTIC WASTE CONTROLS, (May 2023),
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449& url=http://wiki.ban.org/images/7/79/Misuse_of_Article_11_to_Escape_ PowerPoint.pdf&ved=2ahUKEwiaxqbJu_OKAxUr2AIHHRK2Hu8QF noECB0QAQ&usg=AOvVaw0dqd1MN2n7JYG8JvNP5pwJ.
122 Râpă et al., supra note 60, at 7.
123 Dawoon Jung, An International Legal Framework for Marine Plastics Pollution, THE ENV’T RULE OF L. FOR OCEANS 46, 51 (2023).
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approach will help to reduce plastic waste generation, including microplastics, and reduce the use of hazardous substances through the entire plastics life cycle, thereby increasing a system of zero waste at the end-of-life phase of plastic.124
The Proposed Global Plastics Treaty
Considering the gaps in existing international regulations, United Nations environmental agencies (“UNEA”) have proposed establishing a treaty specifically aimed at combating marine plastics. The oceans in the world are slowly being killed by plastic pollution.125 The United Nations has estimated that humankind discharges around 400 million tonnes of pollutants into the sea annually.126 Evidence of this persistent pollution can now be found in all regions of the world’s oceans, on remote islands, in the polar regions and the deepest ocean trenches. Substances concentrated in the food chain pose a real danger to both marine organisms and people.127 It was expected that the proposed Global Plastics Treaty would reduce plastic pollution in the marine habitat and ecosystems.128 It aims to end plastic pollution by creating a legally binding agreement that would address the entire life cycle of plastics.129
124 How Can a Life Cycle Approach Curb the Plastic Pollution Crisis?, UNITED NATIONS ENV’T PROGRAMME (July 27, 2022),
https://www.unep.org/news-and-stories/story/how-can-life-cycle- approach-curb-plastic-pollution-crisis.
125 Anoulak Kittikhoun, Breaking the Chokehold of Plastics, ECONOMIST IMPACT (Nov. 7, 2022),
https://impact.economist.com/ocean/ocean-and-climate/breaking-the- chokehold-of-plastics.
126 Pollution of the Oceans, WORLD OF OCEAN REV., https://worldoceanreview.com/en/wor-7/pollution-of-the-oceans/a- problem-of-immense scale/#:~:text=%3E%20The%20United%20Nations%20has%20estimat ed,as%20well%20as%20to%20people. (last visited Dec. 3, 2024).
128 Global treaty to end plastic pollution, WORLD WILDLIFE FUND, https://www.worldwildlife.org/pages/global-plastics-treaty (last visited Dec. 12, 2024).
129 Global Plastics Treaty objectives, Draft, Aug. 13, 2025, https://resolutions.unep.org/incres/uploads/chairs_draft_text_proposal
_13_august_2025_14.48.pdf.
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The Preamble to the proposed treaty establishes a hierarchy between the Global Plastics Treaty, once enforced, and other international instruments. This hierarchy is based on the principle of common but differentiated responsibility and respective capabilities, promoting sustainable development and respecting the sovereign right of states to exploit their resources according to their own environmental and developmental policies.130
It is envisaged that strengthened life cycle management will be one component for reducing plastic waste and pollution and improving material resource efficiencies. Circular economy and related life-based models will play a crucial role in enhancing life cycle management, aligning with broader sustainability goals. These approaches are gaining ever wider recognition as key strategies to improve life cycle management, including for the achievement of the targets of several treaties and agreements beyond those directly linked to chemicals, such as the United Nations Framework Convention on Climate Change (“UNFCCC”), the Convention on Biological Diversity (“CBD”), and the Agenda 2030.131 This is reflected, for example, in several resolutions adopted by the UNEA over the past few years.132
The Convention aims to safeguard both the environment and human health from the effects of plastic pollution, including its impact on the marine environment, by adopting a comprehensive, life-cycle-based approach to managing
130 Global Plastics Treaty Options 1-2, Draft, Aug. 13, 2025, https://resolutions.unep.org/incres/uploads/chairs_draft_text_proposal
_13_august_2025_14.48.pdf.
131 Circular Economy Crucial for Paris Climate Goals, UN CLIMATE CHANGE (Jan. 22, 2019), https://unfccc.int/news/circular- economy-crucial-for-paris-climate-goals.
132 United Nations Environment Assembly, Draft Resolution UNEP/EA.4/L.2 (2019), available at https://wedocs.unep.org/bitstream/handle/20.500.11822/28499/English
.pdf?sequence=3&isAllowed=y (last visited Dec. 16, 2024). See also, United Nations Environment Assembly, Draft Resolutions EA.4/L.5 (2019),
https://wedocs.unep.org/bitstream/handle/20.500.11822/28470/English
.pdf?sequence=3&isAllowed=y (last visited Aug. 10, 2025); United Nations Environment Assembly, Draft Resolutions, EA.4/L.6 (2019), https://wedocs.unep.org/bitstream/handle/20.500.11822/28471/English
.pdf?sequence=3&isAllowed=y (last visited Aug. 10, 2025).
32 Colo. Env’t L.J. Vol. 37: Issue 1
plastics.133 According to the treaty, each signatory is expected to develop and implement a national plan that reflects its highest possible ambition, taking into account its specific needs, circumstances, and capabilities.134 The initial plan should be submitted to the Conference of the Parties (“COP”) within three years of the Treaty’s entry into force.135 Parties may revise their plans at any time thereafter.136 As part of the capacity-building efforts, Parties are enjoined, where appropriate, to cooperate with other Parties, international or regional bodies, and relevant stakeholders to identify and assess areas beyond national jurisdiction that are most affected by existing and legacy plastic pollution, in accordance with international law.137 Following such identification, Parties should take suitable remediation measures in those areas, in line with any guidance that may be developed under the relevant provisions of the Convention.138
To facilitate implementation and promote compliance among State Parties, the Treaty creates a mechanism and a committee that shall operate in a transparent, facilitative, non- punitive, non-adversarial, and expert-based manner.139 The committee may review compliance matters based on voluntary submissions from a Party concerning its own compliance, referrals from the COP, or information provided by the Secretariat through national reports.140 What remains unclear from the face of the Treaty is how the Committee intends to effectively ensure compliance, given its expressly non-punitive, facilitative approach. In essence, there is a concern that the Committee may lack real enforcement power, functioning more as a symbolic mechanism than a substantive one capable of compelling corrective action.
The provision of a plastic product design in Draft Article Five is noteworthy, as it encourages signatories to enhance the design and improve transparency regarding the product composition of plastics. This initiative aims to promote plastic
133 Global Plastics Treaty art. 1, Draft, Aug. 15, 2025, https://resolutions.unep.org/incres/uploads/chairs_draft_text_proposal
_13_august_2025_14.48.pdf.
140 Id. at art. 12(2).
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recycling and reuse, ensuring compliance with international standards and cooperation with bilateral and multilateral organizations to facilitate the implementation of the plastic product design. The provisions emphasize the importance of international trade, requiring signatories to refrain from measures that create unnecessary obstacles or constitute arbitrary or unjustifiable discrimination, or disguised restrictions on international trade, to enforce the proposed Article Five.141
Draft Article Six is a provision that provides for the commitment that signatories to the proposed treaty should take measures to assess, prevent, reduce, and, where possible, eliminate releases and leakages of plastics, including microplastics from all sources across the life cycle of plastics, to the environment.142 The provision is a step in the right direction for combating plastic waste releases and leakages of plastic pellets, flakes, and powders into the environment.143 To ensure safer marine habitats and prevent marine pollution, signatories must take measures to ensure that abandoned, lost, or otherwise discarded plastic fishing and aquaculture gear in the marine environment is appropriately disposed of and reduced.
With a focus on the environment, Draft Article Nine promotes a just transition in implementing the Convention by encouraging Parties to support decent work, livelihoods, and social protection for affected groups, such as waste pickers, small-scale fishers, and informal workers. While it reflects strong social intent, its non-binding language and lack of concrete enforcement or support mechanisms risk rendering it ineffective in practice.144 Draft Article Eighteen establishes the
141 There are indications that the Article risks fronting the misconception that plastic can have a legitimate place in a circular economy. It has also been argued that by failing to include “non-toxic” as a necessary condition for reuse systems, the Article weakens environmental and health safeguards. See UN Plastics Treaty: What to Watch for at INC-5.2, GLOBAL PLASTIC LAWS (July 31, 2025),
https://www.globalplasticlaws.org/article/2025/07/31/un-plastics- treaty-what-to-watch-for-at-inc-5-2.
142 Global Plastics Treaty, supra note 133, at art. 6.
143 There are views that the allowance for “national circumstances” introduces a significant loophole that could undermine global action under this provision. GLOBAL PLASTIC LAWS, supra note 141.
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COP to oversee the Convention’s implementation.145 The COP meets first within a year of entry into force and then every two years. Extraordinary meetings can be called if one-third of the Parties agree. The COP adopts its own rules and decisions by consensus where possible, or by a three-quarters majority if consensus fails, except for some issues requiring unanimous agreement. It reviews implementation, forms subsidiary bodies, cooperates with other organizations, and performs necessary functions to enforce the Convention.146 While the emphasis on consensus promotes cooperation, it may cause delays. The option for majority voting helps but some areas risk decision deadlock. The COP oversees the development of policies, procedures, and standards to support these duties. Promoting scientific and technological innovation is encouraged among the parties to stop and reduce plastic releases, especially in the marine environment. This clause embodies a strong legislative framework designed to tackle the complex issues raised by plastic pollution at every stage of its life cycle.147
Environmental and plastic waste management are emphasized in Article Seven to be done in an “environmentally sound manner,” taking into account the waste hierarchy and relevant guidelines.148 The proposed treaty itemizes certain yardsticks to aid the implementation of plastic waste management in an environmentally sound manner, including preventing littering and prohibiting open dumping, open burning and ocean dumping of plastic waste, taking into account internationally agreed rules, while also canvassing for a circular
147 Vyonna B., Breaking the Plastic Wave: The Zero Draft Global Plastics Treaty and International Trade, LINKEDIN (Nov. 2, 2023), https://www.linkedin.com/pulse/breaking-plastic-wave-zero-draft- global-plastics-treaty-vyonna-bondi-azmif.
148 Global Plastics Treaty art. 7, Draft, Aug. 13, 2025, https://resolutions.unep.org/incres/uploads/chairs_draft_text_proposal
_13_august_2025_14.48.pdf. Proposed Article 8(1) of the Draft Global Plastics Treaty. See also What is a Waste Management Hierarchy? AXIL, https://axil-is.com/blogs-articles/waste-management-hierarchy/ (last visited July 21, 2025) (explaining that “the waste management hierarchy is a conceptual framework designed to guide and rank waste management decisions at both the individual and organizational levels. It gives top priority to waste prevention, followed by reuse, recycling, recovery and finally disposal”).
2026 Interrogating Marine Plastics Pollution Regulations 35
economy approach on best practices.149 Parties shall regulate the transboundary movement of plastic waste in line with relevant international rules when the Basel Convention does not apply. Each Party must promote extended producer responsibility, product circularity, or similar economic measures within their jurisdiction, considering stakeholder roles. To support this, the COP will develop work programs and guidance to enhance implementation.150 The provision further highlighted the importance of cooperation between signatories in areas of capacity building and technology transfer. Studies have also linked abandoned fishing gear to marine pollution. For example, a survey of garbage washed ashore on the uninhabited Henderson Island in the South Pacific estimated that sixty percent of its content originated from industrial fisheries.151
The main point of Draft Article Eight is to recognize the already existing mechanism that mitigates plastics pollution in a particular jurisdiction. This provision highlights the importance of collaboration and partnerships with any established national or regional organization in the fight against marine plastics pollution, while also encouraging cleanup activities and collaboration towards implementation of the treaty with members of the private sectors and non- governmental organizations (“NGO”).
In Draft Article Eleven, its main points are the promotion of international cooperation as well as technological transfer and capacity building among member states who are signatories to the convention upon its adoption and ratification with peculiarities to the least developed countries, landlocked developing countries, geographically disadvantaged states, small island developing states, coastal African states, archipelagic states, and developing middle-income countries. With this, the Global Plastics Treaty, including proposals to implement “nationally determined targets” through a
151 KARLI THOMAS, CAT DOREY & FARAH OBAIDULLAH, GREENPEACE, GHOST GEAR: THE ABANDONED FISHING NETS HAUNTING OUR OCEANS 6 (2019)
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449& url=https://www.greenpeace.org/static/planet4-aotearoa- stateless/2019/11/b97726c9-ghost_fishing_gear_report_en_single- page_051119.pdf&ved=2ahUKEwjz5pSvs_OKAxVxYEEAHYBGK50Q FnoECBMQAQ&usg=AOvVaw2wEUqtZCQwpJlmhLFeALFM.
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compliance committee procedure, draws comparisons with the Paris Climate Agreement.152
The proposed Global Plastics Treaty would address the existing regulatory gaps and challenges in managing plastic pollution, thereby paving the way for more holistic global governance of plastics.153
Addressing the Identified Gaps through the Global Plastics Treaty
When implemented, the Global Plastics Treaty would enhance global coordination in addressing plastic pollution by filling gaps in existing frameworks, such as the Basel Convention. A significant gap in the existing framework is its failure to provide a holistic approach that addresses the entire life cycle of plastics, extending beyond waste management. Additionally, it does not address plastic pollution or strategies for mitigating its impact on the marine environment.154 The Treaty would be able to offer comprehensive regulations that look into both upstream production and downstream waste management.155 Additionally, it would help to reduce the rise in plastic output, which has been projected to increase by 2040 when there is a binding commitment among the signatories to reduce the production of plastics.156 As for developing countries
152 SLAUGHTER AND MAY Architecture of a Global Plastics Treaty: Deconstructing the Zero Draft (Oct. 13, 2023), https://www.slaughterandmay.com/insights/horizon- scanning/architecture-of-a-global-plastics-treaty-deconstructing-the- zero-draft/.
153 See Alex Lee-Emery et. al., How Can We Solve the Plastic Pollution Crisis? WORLD RESOURCES INSTITUTE (Sept. 8, 2025), https://www.wri.org/insights/plastic-pollution-global-plastics-treaty- explained.
154 HIROKO MURAKI GOTTLIEB, FILLING THE GAPS IN THE GLOBAL GOVERNANCE OF MARINE PLASTIC POLLUTION, NAT’L RES. & ENV’T (2021).
155 ENVIRONMENTAL INVESTIGATION AGENCY, BASEL ACTION NETWORK & GLOBAL ALLIANCE FOR INCINERATOR ALTERNATIVES, BRIDGING THE BASEL CONVENTION GAPS WITH THE FUTURE PLASTICS TREATY (2023).
156 Susan McCarthy, An Ambitious Global Plastic Pollution Treaty is the Win 2024 Needs in a Year of Dismal Environmental Progress, WORLD WILDLIFE FUND (Nov. 18, 2024),
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that struggle to meet the implementation requirements, the Treaty would provide an equitable mechanism to help them manage plastic waste more effectively.157 Through its massive data system, the Global Plastic Treaty would be able to track plastic flows and ensure transparency in reporting its progress.158
A significant enforcement deficit also exists within the fragmented nature of international legal frameworks, which stems from regulations being spread out across different conventions and voluntary guidelines. Therefore, transboundary plastic pollution in international waters is largely unregulated.159 The Treaty aims to unite states on the subject matter of marine plastic pollution, by encouraging the principle of shared responsibility through its provisions on the requirement for technology and technical supportand transfer, as well as emphasis on the need for more cooperation from the economic and regional blocs.160 This would help foster unity among the community of nations, particularly on the issue of reducing plastic pollution in the marine environment.161
https://www.worldwildlife.org/press-releases/an-ambitious-global- plastic-pollution-treaty-is-the-win-2024-needs-in-a-year-of-dismal- environmental-progress.
157 Jeet Kar et. al., Extended Producer Responsibility and a Global Plastics Treaty – What do the Experts Say?, WORLD ECON. F. (June 3, 2025), https://www.weforum.org/stories/2024/11/extended-producer- responsibility-global-plastics-treaty-experts/.
158 Randika Jayasinghe et. al., Strengthening the transparency and accountability of the Global Plastics Treaty through data: The Plastics Data checklist, UNSW SYDNEY (Sept. 24, 2024), https://www.unsw.edu.au/news/2024/09/strengthening-the- transparency-and-accountability-of-the-global-plastics-treaty- through-data-the-plastics-data-checklist.
159 Yen-Chiang Chang & Muhammad Saqib, International Legal Systems in Tackling the Marine Plastic Pollution: A Critical Analysis of UNCLOS and MARPOL, WATER (2025).
160 GENEVA ENVIRONMENT NETWORK, Road to Busan: Prioritizing Principles of Accountability, Transparency and Justice in the Future Global Plastics Treaty (Oct.29,2024) https://www.genevaenvironmentnetwork.org/events/road-to-busan- prioritizing-principles-of-accountability-transparency-and-justice-in- the-future-global-plastics-treaty/.
161 Vibhu Mishra, At COP16, Guterres urges world to ‘choose wisely…make peace with nature’, UNITED NATIONS (Oct. 29, 2024) https://news.un.org/en/story/2024/10/1156261.
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By covering the entire life cycle of plastics, the Treaty would be able to address the whole life cycle of plastics from extraction and production to consumption and waste management.162 It would also seek to establish legally binding commitments that would enable countries to reduce their plastic production, eliminate single-use plastics, and promote practices that allow for recycling.163 Through its circular economic approach, plastics will be reused, recycled, or repurposed instead of being discharged.164 It emphasizes the need for global standards that would promote the efficiency of plastic recycling and reduce the amount of plastic waste that is being sent to landfills or oceans.165 In addition, a possible increase in research and innovative technology may arise in meeting up with goals as contained in the Treaty, which will make biodegradable and sustainable plastics the order of the day when committed efforts are channeled towards meeting a lower plastic pollution target.166
For all these to be possible, the Treaty must first be implemented. However, the fifth session, held in late 2024 and expected to implement the Treaty, ended without a consensus after the INC met in Busan, South Korea. This has temporarily derailed the Treaty from its timeline, and negotiations were postponed to another session after a small bloc of petrostates stalled the negotiations. The latest round of negotiations, themed INC-5.2 and held in Geneva, failed to make progress towards concluding the Treaty and providing an effective platform for global marine plastic pollution regulation.
162 PLASTICS EUR., The Global Plastics Treaty https://plasticseurope.org/changingplasticsforgood/global-plastics- treaty/ (last visited Jan. 7, 2025).
165 Andrew Aziz, Ieva Baršauskaitė, & Satish Triplicane Damodaran, How Will the Global Plastics Treaty Impact Trade? INT’L INST. FOR SUSTAINABLE DEV. (Oct. 8, 2024),
https://www.iisd.org/articles/explainer/how-will-global-plastics-treaty- impact-trade.
166 UNITED NAT’L DEV. PROGRAMME, Plastics 101, A Quick Guide
to the Global Plastics Negotiations, https://www.undp.org/plastics- 101#:~:text=Chemicals%20in%20plastics,as%20well%20as%20the%2 0environment (last visited Jan. 14, 2025).
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Exploring Legal Challenges to the Global Plastics Treaty
The proposed Treaty is not without its likely fears and challenges. There are issues surrounding catering to the different interests of the negotiators, particularly the interests of plastic producers, and other ancillary problems associated with the enforcement of the Treaty’s objectives. The gray line between economic growth and development, as outlined in the Treaty, presents a dilemma: whether to profit economically from plastic producers or ban their activities to preserve our marine environment.167 Another growing issue that may delay the implementation of the Treaty is the problem of ensuring enforcement and compliance with the Treaty without going against the doctrine of the sovereignty of nations.168 The draft Treaty, in anticipation of this, created an article which covered the monitoring and compliance of the convention. Also, since the association is done voluntarily, the states may find it challenging to work together to coordinate efforts in championing against marine plastic pollution.169
In addition, the major players and producers in the plastic industry may have significant interests, which may necessitate aligning with members of the COP and States to lobby during negotiations to include terms that may not have profound implications on the plastic production process.
Furthermore, the Treaty must balance the interests of the plastics industry with the need to protect the environment and human health. Given the wide variety of plastics available, including 4,000 known chemicals used in plastic packaging alone, as well as over 5,300 commercially available polymer formulations, any decision on the material scope of such an instrument is of key importance.170 Technical questions, such as
167 Valerie Volcovici & Joyce Lee, Divisions on curbing plastic waste persist as UN treaty talks begin, REUTERS, (Nov. 24, 2024) https://www.reuters.com/business/environment/countries-remain- divided-fifth-un-plastics-treaty-talks-begin-2024-11-24/.
169 Solène Guggisberg, Finding Equitable Solutions to the Land- based Sources of Marine Plastic Pollution: Sovereignty as a Double- edged Sword, 159 MARINE POL’Y 105960 (Jan. 2024).
170 Ksenia Groh et al., Overview of Known Plastic Packaging- associated Chemicals and their Hazards, 651 SCI. OF THE TOTAL ENV’T 3253, (Feb. 15, 2019).
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determining potential upper or lower limits for plastic size and identifying which plastics fall within the instrument’s material scope, may have far-reaching consequences for the instrument’s scope and effectiveness. Resolving such issues will pose a significant challenge for the INC.
Ultimately, implementing the Global Plastics Treaty would be expensive and developing economies may need technical and financial assistance to help encourage the use and transfer of clean technologies. These resultant costs would likely kill the momentum for the implementation of its provisions among developing state parties.171
Marine Plastic Pollution Remediation
Marine remediation is the process of cleaning up polluted marine systems, which can be contaminated with organic or inorganic substances.172 It transcends mere technical cleanup but also presents a fundamental legal and governance challenge, which the proposed Global Plastics Treaty must address. In discussions on Article Nine during the fifth session of the INC- 5.2, delegates proposed renaming it “legacy plastic pollution” or “plastic pollution remediation.” There were also debates on whether the implementation of the article would be mandatory or voluntary, indicating a legal and governance aspect to remediation.173 A regional group proposed establishing a remediation mechanism, under the authority of the COP to address existing plastic pollution in the marine environment, particularly in areas beyond national jurisdiction.174 There were also discussions on proposals for implementation of remediation related measures, including taking into account guidance by the COP, future programs of work, knowledge of Indigenous Peoples and local knowledge systems, and best available science and technologies.175 There were differing views on how to address
171 Volcovici & Lee, supra note 167.
172 Abhinav Dhaka & Pradipta Chattopadhyay, A review on physical remediation techniques for treatment of marine oil spills, 288
J. OF ENV’L MGMT 112428. (June 15, 2021).
173 EARTH NEGOTIATIONS BULLETIN, Daily Report for 7 August 2025, (Aug. 8,2025), https://enb.iisd.org/plastic-pollution-marine- environment-negotiating-committee-inc5.2-daily-report-7aug2025.
175 Id.
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remediation, with some suggesting a program of work on remediation instead of a remediation mechanism.176 The proposed Global Plastics Treaty highlights the importance of taking steps to address the plastic pollution quagmire.177 Marine remediation is an addition to other identified steps put in place by the treaty to curb ecotoxicity. Each Party to the Treaty must take steps, subject to national circumstances, geared towards achieving environmentally sound remediation as appropriate.178
Ocean Cleaning Initiatives and Adequacy of Remediation Technologies
Presently, efforts are being made in various ways to tackle the issue of marine plastic pollution. These efforts are not just localized but have also attracted the attention of large-scale entities. One such initiative to reduce marine plastic pollution is the Ocean Cleanup Project.179 This project aims to use advanced technologies like floating systems to harness ocean currents and accumulate plastic debris from the rivers and the Great Pacific Garbage Patch. One of the primary goals of this initiative is to remove 90% of floating ocean plastics by 2040.180 As of 2023, this non-governmental initiative has caught over 346,435 kilograms in the ocean, of which 150,884 kilograms of debris was caught in 2023 alone.181 Additionally, the initiative has also caught over 8,381,192 kilograms of plastic in the rivers since its inception.182 This shows the giant strides that have been made to combat
177 Global Plastics Treaty art 9(1), draft, Aug. 13, 2025, https://resolutions.unep.org/incres/uploads/chairs_draft_text_proposal
_13_august_2025_14.48.pdf.
179 See THE OCEAN CLEANUP, Safeguarding Marine Ecosystems and Communities: Environmental and Social Impact, https://theoceancleanup.com/environmental-and-social-impact/ (last visited July 14, 2025).
180 DESIGNBOOM, The Ocean Cleanup to End the Great Pacific Garbage Patch, (Sep. 21, 2022), https://www.designboom.com/technology/the-ocean-cleanup-end- great-pacific-garbage-patch-09-21-2022/.
181 THE OCEAN CLEANUP, Annual Report 2023,
https://assets.theoceancleanup.com/app/uploads/2024/06/TheOceanCl eanup_Annual_Report_2023.pdf (last visited Dec. 8, 2024).
182 Id.
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marine plastic pollution. Apart from this initiative, there are other initiatives making strides to make marine ecosystems healthy again. One such initiative is Project Kaisei by the Ocean Voyage Institute. This project aims to engage in a major ocean cleanup and raise awareness of the global problem of marine debris.183 The project also emphasized the importance of scalable, community-driven cleanup models by making use of fishing vessels.
The use of advanced technologies in the fight against marine plastic pollution has been a massive aid to the cause. Technologies such as floating interceptors, trawlers, or the manta boat play an essential part in marine plastic remediation. A floating interceptor is a device that makes use of barriers and conveyor belts to collect plastics from rivers and prevent them from entering the ocean.184 On the other hand, trawlers are boats with heavy trawling nets attached to filter plastic debris that is floating on the high seas and intercept its flow from rivers.185 These technologies help to filter and reduce the quantity of macro- and microplastics in the ocean. They serve as promising complements that can work side by side with the efforts of policies to combat marine plastic pollution. While these technologies are very effective in the cleanup efforts, there has been concern over the ecological implications of these tools. The problem is that these technologies can inadvertently pose a danger to marine life by capturing species that are not their target.186 There is also concern that in the effort to clean up the ocean, there is a risk of redistributing microplastics during the operation.187
183 PROJECT KAISEI I, About Project Kaisei https://projectkaisei.org/about-project-kaisei/ (last visited Dec. 8, 2024).
184 THE OCEAN CLEANUP, How Does the Interceptor Work? https://theoceancleanup.com/faq/how-does-the-interceptor-work/ (last visited Dec. 8, 2024).
185 Christian Yonkers, Trawling for Plastic: Solution or Distraction?, SUSTAINABLE BRANDS (Apr. 6, 2023),
https://sustainablebrands.com/read/trawling-plastic-solution- distraction.
187 Advanced technologies such as biomimicry-based passive devices, satellite trackers, or jellyfish-bots are tools that could help address the concerns being raised on the ecological dangers of using advanced technological tools such as marine plastic remediation. These
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On the local levels, efforts have also been made by way of organizing beach and shoreline cleanups. Private or NGOs organize volunteers to help in removing debris from the waters. One of the volunteer services is the International Coastal Cleanup (“ICC”). This service organizes volunteers on a global scale to remove millions of tonnes of debris and raise awareness of the need to keep the ocean clean and healthy.188 The ICC enlists the help of people around the world to remove trash and debris from beaches and waterways. According to its records, more than 380 pounds of trash and plastic debris have been collected by over 18 million volunteers from around the world.189 Another notable local cleanup initiative is the PADI AWARE Foundation. They implore scuba divers and people around the world to take conservation action that is aimed at healing and protecting the planet from both below and above the surface. They also give grants to different communities around the world to help clean up their oceans from debris and conserve marine life. In 2019, the NGO recorded the removal of over 66,432 kilograms worth of debris from the oceans, of which 63% was plastic.190
Regulation of Remediation Activities: The Role of Proposed Global Plastic Treaty
Current international frameworks fail to provide robust, binding mechanisms to enforce marine remediation, resulting in inconsistent accountability, fragmented implementation, and inadequate incentives for compliance. Ultimately, this undermines global efforts to combat plastic pollution. The
devices are not just built to collect or aid in the collection of marine plastic debris; they are also designed to avoid endangering the marine ecosystem while performing their activities. Making sensitive use of these technologies would help initiatives and operators to minimize ecological disruption in the ocean and achieve the results intended.
188 OCEAN CONSERVANCY, Fighting for Trash Free Seas https://oceanconservancy.org/trash-free-seas/international-coastal- cleanup/start-a-cleanup/ (last visited t Aug. 11, 2025).
189 OCEAN CONSERVANCY, International Coastal Cleanup https://oceanconservancy.org/trash-free-seas/international-coastal- cleanup/ (last visited Aug. 8, 2025).
190 PROJECT AWARE, Project AWARE Report (2019),
https://issuu.com/projectaware/docs/pa-report-2019- digital?fr=xGAEoATABPf-cYAA (last visited Aug. 8, 2025).
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United Nations Convention steers the existing international legal framework that governs ocean cleanup on the Laws of the Sea (“UNCLOS”).191 Section 192 of the convention states that States must “protect and preserve the marine environment.”192 In other words, States are obligated to carry out marine cleanup activities to protect and preserve the marine environment. There are different international legal frameworks, such as the Barcelona Convention and MARPOL Annex V. It has been stated that these conventions only address specific parts of marine pollution, like vessel-sourced waste. They lack enough provisions to make a global impact on plastics remediation.193 All these gaps are set to be filled by the adoption and implementation of the Global Plastics Treaty.
The Treaty will become a significant step towards addressing the issue of marine plastic pollution. Given the numerous treaties and conventions already in existence to curtail pollution of the natural environment and harm to human health, there are great expectations for the development of the Global Plastic Treaty to learn from the international management of other pollutants.194 The treaty aims to achieve its goals by capping and reducing the amount of virgin plastic that is produced around the world every year. It also plans to advocate for a reuse system and reduce the use of single-use plastics.195
191 UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT,
The Legal and Institutional Framework Governing Ocean-Based Economic Sectors in Barbados (2018), https://unctad.org/meetings/en/SessionalDocuments/ditc-ted- 26022018-Oceans-Barbados-LegalStudy-OETS.pdf.
192 Payam Akhavan and R.H. Rozemarijn, What are the Legally Binding Obligations of States in Respect of Climate Change, IISD (Aug. 14, 2024), https://sdg.iisd.org/commentary/guest-articles/what-are-the- legally-binding-obligations-of-states-in-respect-of-climate-change/.
193 PETER MANYARA & KAREN RAUBENHEIMER & ZAYNAB SADAN, THE AFRICAN MARINE LITTER OUTLOOK 137-197 (Thomas Maes &
Fiona Preston-Whyte, 2022).
194 Margrethe Aansen et al,, Insights from International Environmental Legislation and Protocols for the Global Plastic Treaty, SCI. REP., 2750 (2024).
195 INTERREG BALTIC, The Global Plastics Treaty Explained (Apr. 30, 2024), https://interreg-baltic.eu/project-posts/baltiplast/the-global- plastics-treaty-explained/.
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To regulate the remediation of plastic waste, the treaty is set to integrate Extended Producer Responsibility (“EPR”) schemes as one of its components. These schemes will enable the treaty to enforce corporate accountability, holding companies responsible for their product life cycle and encouraging them to produce resource-efficient products with a low impact and easy recycling or reuse capabilities.196 The Treaty proposes to fund regions that are constrained by inadequate resources to build infrastructures designed for sorting, recycling, and composting plastics. It also aims to provide crucial support to countries that lack the resources to meet the obligations of the Treaty.197 Additionally, it would attract private investment, including research and innovation, by de-risking them. This means that they would fund any viable activity whose primary goal is to reduce plastic pollution. Summarily, this Treaty aims to introduce and implement a circular economy that is composed of these elements: (a) a design for recycling and reuse, (b) a reducing of virgin plastic production, (c) an EPR, and (d) a Waste-to-Resource Transition.198 Global collaboration is needed to achieve a substantial decrease in the quantity of marine plastic waste. The efforts of governments, NGOs, and the private sector are required to achieve this goal. Efforts such as the one already in motion for the implementation of the Global Plastics Treaty are needed if the issue of marine plastic pollution is to be dealt with.199 To make significant progress in the fight against marine plastic pollution, diverse stakeholders must be united to
196 Helena Dickinson, Extended Producer Responsibility: A Critical Component for the Global Plastics Pollution Treaty, UNSW SYDNEY (Nov. 22, 2024),
https://www.unsw.edu.au/news/2024/11/extended-producer- responsibility-a-critical-component-for-the-global-plastics-pollution- treaty.
197 SWITCH-ASIA, Financing Options for the Global Plastic Treaty
(2024), https://www.switch-asia.eu/resource/financing-options-for-the-
global-plastic-treaty/ (last visited Dec. 8 2024).
198 GENEVA ENVIRONMENT NETWORK, Implementing a Treaty to End Plastic Pollution: A Holistic Approach to Resource Mobilization & Financing for Systems Change & Just Transitions (Youtube, Feb. 7, 2024),
https://www.youtube.com/watch?time_continue=1&v=cFvo7a9E- cQ&embeds_referring_euri=https%3A%2F%2Fwww.genevaenvironm entnetwork.org%2F&source_ve_path=Mjg2NjY.
199 Id.
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create an effective framework that would promote a sustainable environment and long-term ecological health.
Challenges Facing Marine Pollution Remediation
Cleanup efforts can harm marine habitats and species. While carrying out marine cleanup activities, the chances for further ecological harm are high. For example, technological tools like trawlers and floating interceptors can mistakenly trap marine species, destroy marine habitats, and scatter microplastics that were already collected into other areas of the marine environment.200 In any case where a vessel used for marine plastic remediation activities is sunk, there is a high chance that it would emit and disperse pollutants, which inadvertently cause significant harm to species like coral reefs, turtles, and seabirds. The presence of microplastics in the ocean poses an additional challenge because they can be ingested by marine species, which then enter and contaminate the food chain and biodiversity. To better handle these challenges, it is necessary to involve marine life experts and foster international cooperation to minimize the risk of ecological disruption and further the goal of reducing plastic pollution in the ocean.
Additionally, high costs and inefficiencies tend to limit cleanup technologies. Even with the use of advanced devices, marine plastic remediation faces technical challenges. Challenges such as the high cost of operation, scalability of the devices, and the limited functionality of these devices in deep- sea areas prevent full-scale plastic remediation operations from taking place.201 Also, tools like trawlers struggle to detect tiny plastic wastes in some regions of the oceans that are filled with microplastics. Additionally, the financial burden of deploying and maintaining these technologies discourages their use on a large scale, thus affecting and limiting their impact on marine ecosystems. Furthermore, weak enforcement hinders pollution control efforts. Marine plastic remediation policies suffer from weak enforcement and a lack of accountability despite the
200 Lonneke Goddijn-Murphy et al., Emerging Technologies for Remote Sensing of Floating and Submerged Plastic Litter, ENVIRONMENTAL REMOTE SENSING, Apr. 2024, at 1770.
201 Golam Kibria et al., Plastic Waste: Challenges and Opportunities to Mitigate Pollution and Effective Management, 17 INT’L
J. OF ENV’T RSCH. 20 (2023).
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existence of legal frameworks like the United Nations Convention on the Law of the Sea (“UNCLOS”) and the International Convention for the Prevention of Pollution from Ships “MARPOL”). For example, UNCLOS has stated obligations for signatory states to commit to preventing marine pollution; however, the enforcement of this law is difficult. It is fraught with jurisdictional challenges related to individual states’ authority to regulate vessels.202 In many cases, these marine polluters go unpunished because individual states cannot effectively enforce regulations that would champion marine plastic remediation. Similarly, MARPOL also faces the problem of compliance.203 Vessels, in most cases, hide behind flags that are convenient for them, where there is no oversight. On the regional level, agreements such as the Barcelona Convention struggle with the issue of compliance and uniformity in the implementation of their policies across countries.204 The problem of noncompliance for certain developing states can be traced to their lack of financial buoyancy to carry out the directives of the agreements. Remediation to be effective must be regulated under the Global Plastic Treaty by providing specific rules to promote best practices and SDGs.
Recommendations
While scientific gaps remain in exact numbers, there is no doubt that humans are exposed to plastics through daily life products, plastic-based medical supplies, as well as through the food chain and airborne plastic pollution. Workers in the
202 Lan Ngoc Nguyen, Expanding the Environmental Regulatory Scope of UNCLOS Through the Rule of Reference: Potentials and Limits, 52 OCEAN DEV. & INT’L LAW 419 (2021).
203 Yen-Chiang Chang & Muhammad Saqib, International Legal Systems in Tackling the Marine Plastic Pollution: A Critical Analysis of UNCLOS and MARPOL, 17 WATER 10 (2025); ECO, Regulating
Marine Pollution: Challenges and Best Practices for Compliance and Enforcement (Oct. 2, 2023), https://ecomagazine.com/in- depth/regulating-marine-pollution-challenges-and-best-practices-for- compliance-and-enforcement/.
204 Evangelos Raftopoulos, Compliance Procedure: Barcelona Convention for the Protection of the Mediterranean Sea, MAX PLANCK ENCYCLOPEDIAS OF INT’L L. (2019); Budislav Vukas & Davor Vidas, FLAGS OF CONVENIENCE AND HIGH SEAS FISHING: THE EMERGENCE OF A LEGAL FRAMEWORK, 53-90 (2001).
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extraction, manufacturing, transportation, and waste sectors, as well as local communities where these activities are conducted, are further exposed. Through these various pathways, we are exposed to microplastics and the chemical additives they contain. Recent studies have found microplastics in human blood, lungs, and placenta.205 99% of plastics are created from chemicals of fossil origin.206 This origin is associated with long and short term oil associated toxicological health hazards, including respiratory illnesses and adverse neurological effects, including stress and generalized anxiety disorder. This makes these illnesses part of the plastic value chain.207 It is strongly recommended that, to be all-encompassing, the Global Treaty on Plastics must also cover the health effects of these plastic activities while also canvassing for the following recommendations:
This Article strongly proposes that the Global Plastics Treaty strengthens international cooperation, as it would promote partnerships and effective collaboration between countries to develop and implement effective regulations from the regional and economic blocs. This would aid joint enforcement efforts and information sharing in the blocs against global marine plastic pollution and as they attempt to transition to a circular plastics economy.208
There is another critical point to bear in mind when looking to the future. As plastic pollution continues to accumulate in the oceans, all the harmful effects that have been documented will increase – and there’s a real possibility that this will mean crossing threshold levels of risk for many more subpopulations,
205 Heather A. Leslie et al., Discovery and Quantification of Plastic Particle Pollution in Human Blood, ENV’T INT’L 163 (2022) 1–4; Antonio Ragusa et al., Plasticenta: First Evidence of Microplastics in Human Placenta, ENV’T INT’L 146 (2021) 1–3.
206 Fossil Fuels & Plastics, CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, https://www.ciel.org/issue/fossil-fuels-plastic/ (last visited Dec. 6, 2024).
207 GENEVA ENVIRONMENT NETWORK, Plastics and Human Health, https://www.genevaenvironmentnetwork.org/resources/updates/plasti cs-and-health/ (last visited Dec. 6, 2024).
208 See Pedro Gomez &Clemence Schmid, Why a Global Plastics Treaty Needs to Move Beyond Negotiations to Inclusive Action, WORLD ECON. FORUM (Aug. 6, 2025),
https://www.weforum.org/stories/2025/08/global-plastics-treaty-inclusive- action/.
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species and ecosystems. 209 If plastic pollution continues growing at current rates, researchers predict that 99.8% of all seabird species will ingest plastics by 2050,210 while evidence of ingestion and/or entanglement has already been found in all marine turtle species.211
Additionally, this Article recommends that the Global Plastic Treaty include a dedicated monitoring and compliance annex that mandates: the implementation of advanced technologies for tracking the product life cycle of plastics from production to packaging to final consumption; the utilization of innovative technology, including satellite imagery, drones, and underwater sensors, for monitoring the eventual disposal of plastic waste in marine habitats; and the deployment of these monitoring tools by companies to ensure compliance and effective tracking of plastic waste impacts on marine environments.
Furthermore, this work posits that the Global Plastic Treaty include a dedicated research and innovation provision that mandates contracting states to conducting in-depth scientific and data-driven research and innovation to enable the identification and tracking of emerging pollutants. This is to address their effects on marine pollution; establishing research centers and recycling spots in major plastic accumulation zones in seas to reduce issues of unsafe seas. This can be achieved through continuous cleaning and recycling of found waste for reuse, and deploying self-manned devices for thorough cleaning of the marine habitat, with the result of such cleaning used for the benefit of society at large.
This Article emphasizes that consistent public awareness and education by all stakeholders—producers, regulators, and consumers of plastics—is crucial for drastically reducing marine pollution, particularly plastics pollution. To achieve this, stakeholders must prioritize raising awareness about the
209 Gert Everaert et al., Risks of Floating Microplastic in the Global Ocean, ENV’T POLLUTION, Dec. 2020.
210 CORDIS, Trending science: 99% of seabirds could be eating plastic by 2050, https://cordis.europa.eu/article/id/117885-trending- science-99-of-seabirds-could-be-eating-plastic-by-2050 (last visited Dec. 8, 2024).
211 Adam Clause, Aaron Celestian, & Gregory Pauly, Plastic Ingestion by Freshwater Turtles: A Review and Call to Action, SCI. REP., Mar. 2021.
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consequences of marine pollution on marine habitats and its impacts on climate change. Furthermore, stakeholders should actively support collective actions aimed at minimizing plastic waste and related pollution in marine environments, aligning with the action plan recommended by the Global Plastic Treaty.
Additionally, promoting community and individual initiatives to reduce plastic waste and other forms of pollution would be a more effective target for the Global Plastic Treaty.212 This can be achieved by promoting proper plastic disposal methods and entering into agreements with plastic producers to collect waste on a weekly or monthly basis. Governments may also provide tax holidays to producers who may have been committed to meeting an average amount or measure of plastics received yearly, which may reduce the issue of plastic pollution.213 In addition, compliance systems must be in place to ensure compliance with accepted chemicals and polymers used in plastics production. These systems can also be extended to users who dispose of plastic waste without considering health and environmental factors.
This article recommends that the Global Plastics Treaty must establish binding obligations to curb the legal and governance problems associated with achieving a detoxified marine ecosystem through an effective remediation of existing plastic pollution across terrestrial, freshwater, and marine environments. It has been observed that large plastic manufacturers strategically focus on recycling instead of reducing plastic production, thereby shifting the responsibility to consumers. With the production of plastic waste set to almost triple by 2060 and around 9% recycled, it has become imperative for measures to be implemented that push industries to stop hiding behind recycling and pledge to cut down on the production and usage of plastic altogether.214 This impasse has
212 Ambisisi Ambituuni et al., Catalysing Environmental Action: A Governance Framework for Enhancing Individual Participation in Sub-Saharan Africa’s Plastic Circular Economy, ENV’T MGMT. 75, 835– 851 (2025).
213 Kayla Aurelianisa & Maria Tambunan, The Role of Fiscal Incentives in Enhancing the Plastic Recycling Industry: Addressing Waste Generation in Indonesia, 23 J. ILMU LINGKUNGAN 5, 1323–1332 (2025).
214 Veronica Balyan, Forever Toxic: Health Threats From Plastic Recycling, SCARABTRUST (Oct. 2, 2024),
https://www.scarabtrust.org.uk/post/forever-toxic-health-threats-
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been a significant clog on the wheel of negotiating the Global Plastics Treaty.
Conclusion
Marine plastic pollution, the pervasive introduction and accumulation of toxic plastics and microplastics in the ocean, critically degrades biodiversity, disrupts ecosystems, undermines climate goals, and hinders SDG achievement. This poses an imminent threat to human health through contaminating food chains and devastating fisheries and coastal economies reliant on oceanic survival.215 Yet, this crisis persists due to a fragmented international governance framework riddled with overlapping jurisdictions, inconsistent enforcement, critical regulatory gaps, and a lack of unified global efforts.216 This Article highlights the importance and need for a uniform international instrument to regulate marine plastic pollution from a life cycle approach. In critically analyzing international marine plastics pollution, regard was made to the implications of plastics pollution on climate change and the SDGs. In addition, the linkages and interconnections of SDGs were critically analyzed in the context of international marine plastic and pollution. This Article considered regional positions, providing a comparative analysis of practices across different regions and jurisdictions.
At its core, this article conducts a rigorous analysis of the challenges posed by global regulations and their inadequacy in managing and regulating the global plastic problem from a marine habitat’s perspective. This Article compares existing international legal frameworks and highlights their gaps and challenges. This Article innovatively provides an investigation of relevant provisions of the proposed Global Plastics Treaty, which contains a full circle and encompassing instrument for the sustainable use of plastics and ensuring proper disposal.
215 See NAUTILUS SHIPPING, Marine Plastic Pollution | Definition, Sources, Effects & Solutions (Mar. 15, 2024), https://nautilusshipping.com/news-and-insights/marine-plastic- pollution.
216 Yen-Chiang Chang & Muhammad Saqib, International Legal Systems in Tackling the Marine Plastic Pollution: A Critical Analysis of UNCLOS and MARPO, WATER, Apr. 2025, at 1, 2.
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Also, this Article evaluates the inefficiencies of remediation technologies in ocean cleanup and their inherent challenges, thereby emphasizing the need to incorporate the use of remediation activities into the Global Plastics Treaty to guarantee long-term effectiveness.
Conclusively, this Article advocates speedy negotiations by states and consensus adoption of the Global Plastics Treaty, which will cover the full life cycle of the plastic production process to tackle this pervasive and ever-growing threat to life in our oceans and prescribes that states accept the Global Plastics Treaty as the answer to the international marine plastics pollution problem.