As a supplement to our report, Existing U.S. Federal Authorities to Address Plastic Pollution: A Synopsis for Decision Makers , this report offers a concise review of the instruments through which the United States can negotiate and conclude international agreements. The report then describes how existing U.S. domestic law and international obligations/precedent may align with and support three key provisions under negotiation for the Global Plastics Agreement.Only when the text of the Global Plastics Agreement is finalized can it be determined whether existing U.S. law authorizes the instrument’s provisions or whether new legislation would be required to authorize and implement the provisions of the agreement. However, the purpose of this analysis is to offer insight into existing U.S. domestic and international obligations ahead of the fifth round of negotiations for the Global Plastics Agreement. As the report is a non-exhaustive review of domestic authorities and international obligations and precedents, we welcome expert feedback for an anticipated update. Please submit relevant information here .
Authors
- Pages
- 28
- Published in
- United States of America
Table of Contents
- U.S. Authorities 1
- Plastics Agreement 1
- INTRODUCTION 2
- Existing U.S. Federal Authorities to Address Plastic Pollution A Synopsis for Decision Makers 3
- U.S. APPROACH TO INTERNATIONAL AGREEMENTS 3
- Instruments of Internaonal Lawmaking 3
- Sole Execuve Agreements 4
- Congressional-Execuve Agreements 5
- Understanding the Other International Agreements 5
- NonbindingPolical Commitments 6
- IN THE CONTEXT OF THE GLOBAL PLASTICS AGREEMENT 6
- Existing U.S. Federal Authorities to Address Plastic Pollution A Synopsis for Decision Makers Mobilizing Federal Action on Plastic Pollution Progress Principles and Priorities 6
- LEGAL SUPPORT FOR KEY PROVISIONS 7
- Legal Support for Part II Provision 1 Plasc Polymers i.e. Plasc Producon 7
- Execuve Acon Relevant to Plasc Producon 8
- IPC Report Mobilizing Federal Action on Plastic Pollution Progress Principles and Priorities production production 8
- Federal Procurement 9
- U.S. Federal Law Relevant to Plasc Producon 10
- Toxic Substances Control Act 10
- Microbead Free Waters Act Pollution Control Authorities 13
- Product Design Authorities Federal Tax Subsidies 14
- Internaonal Obligaons and Precedent Applicable to Part II Provision 1 15
- Minamata Convention on Mercury Montreal Protocol binding time- targeted and measurable commitments 15
- Legal Support for Part II Provision 2 Chemicals and Polymers of Concern 16
- U.S. Federal Law Relevant to Chemicals and Polymers of Concern 17
- Toxic Substances Control Act 17
- International Obligations and Precedent Relevant to Part II Provision 2 19
- Basel Convention 19
- Rotterdam Convention 20
- Stockholm Convention 21
- Minamata Convention 22
- Legal Support for Part II Provision 3 Problemac and Avoidable Plasc Products 22
- U.S. Federal Law Relevant to Problematic and Avoidable Plastic Products 23
- Save Our Seas 2.0 23
- Microbead Free Waters Act 23
- Related U.S. Federal Authorities Relevant to Problematic and Avoidable Plastic Products 24
- Small Business Development Act of 1982 24
- International Obligations and Precedent Applicable to Part II Provision 3 25
- United States-Mexico-Canada Free Trade Agreement ex post plastic litter and microplastics 25
- Land-Based Sources Protocol to the Cartagena Convention source-specific 26
- CONCLUSION 27