KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Research design

▶ (Background) Commencement of the process of drafting international conventions to cope with various problems caused by plastic.

○ As awareness of the adverse effects of plastics on the human body and the environment increases, countries around the world are becoming aware of the need to respond to them and have started multilateral efforts to address the various problems caused by plastics nationally.

○ As part of that effort, the United Nations Environment Assembly (UNEA), which was held in March 2022, formalized the International legally binding instrument on plastic pollution, including the marine environment, and expanded the preparation of countermeasures against the plastic problem to the national agenda.

▶ (Purpose) Finding countermeasures to solve global plastic pollution.

○ The purpose of this study is to analyze the major issues of the international agreement on plastic in the future, and to draw up countermeasures against pending issues based on this analysis, taking into account the ripple effects on the domestic and international communities.

▶ (Scope) Establishing the major issues discussed at the meetings of the Intergovernmental Negotiation Committee as the core research scope.

○ The main discussion subjects of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment (hereinafter "INC") shall be the subject of the core study, and the second INC and the third draft agreement shall be the subject of the analysis, taking into account the completion period of this study.

▶ Use of various research methodologies such as trend analysis, data mining, and FGI.

○ To review pending issues related to plastics, we intend to utilize research methodologies such as trend analysis and data mining, and improve the effectiveness of deriving issues and countermeasures of the plastic international agreement, which is the final research product, by utilizing external expert advice, thereby enhancing understanding of factors to be considered throughout the plastic life cycle and related technologies and industries.

Ⅱ. Main Content

▶ The advent of the plastic era and the need to cope with international issues.

○ Although the dependency on plastic of modern humans is intensifying enough to create the new term "Homo Plasticus", which means humans cannot live without plastic, the adverse effects on humans and the environment that appear throughout the plastic life cycle, such as through chemicals, additives, microplastics, and carbon emissions, cannot be overlooked worldwide. 

○ Individual countries have been looking for legislative and policy countermeasures related to plastics, focusing on plastic waste, but in the absence of a common internationally agreed countermeasure, it is easy to lose direction to solve problems across the plastic value chain, and the ultimate solution to problems related to plastics is bound to be a mystery.

▶ Trends in international discussions on the response to plastic pollution.

○ Despite the existence of a number of international norms related to plastics, including the London (Dumping) Convention, the Convention on the Prevention of Marine Pollution, the Stockholm Convention, and the Basel Convention, there is a fundamental limitation that these norms deal only with peripheral issues related to plastics, and are not able to present a comprehensive view of plastics under a single theme throughout the entire life cycle of plastics.

▶ Issues and countermeasures for the formation and implementation of the international agreement on plastic.

○ The progress of forming the international agreement on plastic.

- The issue of plastic has been on the agenda since the first UNEA, and from the fifth UNEA, the INC meeting for the formulation of the International Agreement on Plastic has begun to become official.

- The First INC (December 2022) identifies each State's position on the solution of plastic-related contamination without a draft agreement and provides an important point for informing the world of the need to end plastic contamination by establishing a binding international agreement.

- The Second INC (May 2023) will use Potential options for elements towards an international legally binding instrument (based on a comprehensive approach that addresses the full life cycle of plastics as called for by United Nations Environment Assembly resolution 5/14) to discuss what will be included in the Convention and gather the views of each State and provide the basis for the Zero Draft.

- The Third INC (planned for November 2023) will specific the details of the Zero Draft, and depending on the circumstances of each State, there is expected to be serious conflict about the specifics.

○ Issues of the international agreement on plastic and countermeasures.

- (Purpose of Agreement) It is expected that there will be conflicts between countries in relation to the presentation of a specific year for the achievement of the Agreement, which has the advantage of being able to facilitate the phased compliance of the Agreement in terms of strengthening binding force, but considering the increase in demand for plastics worldwide due to population growth and the secession of some countries, such as in the Kyoto Protocol case, it will be more realistic to consider the timing and year specification of the implementation of detailed obligations rather than the purpose of the Agreement.

- (Primary Plastic Polymer) It is necessary to examine the regulation plan in-depth in connection with the plastic production volume of individual countries, and it is necessary to establish a regulation plan such as the period of achievement of common reduction goal based on consideration and detailed transition process for general-purpose plastic mass producing countries such as Korea and China.

- (Hazardous Chemicals and Polymers) For example, in the case of the initial hazardous polymer (proposal) presented by HAC, which includes Korea, a detailed and phased approach to which polymer is prohibited from being used is important, considering the different sources of utilization, and in the case of replacing polymers subject to regulation, various problems such as supply and demand of raw materials for substitutes and possibility of price fluctuations need to be considered.

- (Waste Management) It is necessary to examine the current status of comprehensive infrastructure construction for waste management from the perspective of recycling segmentation and classification system construction, as well as the possibility of waste becoming a high value-added recycled material, how well the connection link is formed, etc., since plastic is difficult to be made into a single material, and it is necessary to redesign the current system such as the current EPR system and emission trading system.

 

Ⅲ. Expected effect

▶ Providing the foundation to formulating national response strategies related to the International Agreement on Plastics.

○ Providing the foundation to formulating strategies for national response in the negotiation process for the international agreement on plastic by providing issues centered at the formulation of the international agreement on plastic and schemes to cope with such issues.

▶ Providing the foundation for convergence research and the development of research demand.

○ Establishing a research cooperation system with government ministries and industries in the process of attending the 2nd INC as a government delegation, thereby, establishing a foundation for convergence research in solving problems related to plastics, and providing a foundation for the creation of future research demand.