INC Plastics Treaty Legal Advisory Service Note: Non-Party Provisions

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Regional project
Country project
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Intergovernmental Negotiating Committee on Plastic Pollution - Technical Resource for Pacific Island Courtiers
(Publications under review and may be updated prior to 30 September)

The inclusion of ‘Non-party provisions’ in a Plastics Treaty could have an important influence on plastic production within nations that do not become a party to the Treaty.
This would be particularly so if there was a critical mass of State Parties representing a large plastic consumer market to create an incentive for plastic producers in Non-party States to change their overall production practices to meet the requirements of selling into those markets (i.e., to produce less environmentally harmful plastic products, whether for consumption in State Parties or Non-party States).
Non-party provisions could also influence downstream activities within Non-party nations.

This note summarises a range of precedents in multilateral treaties for Non-party provisions, along with advantages and disadvantages of Non-party provisions.
  • Legal-Service-Note_INC2-3_Non-party-provisions_FORMATTED-V1.pdf