Book Review of Elizabeth A. Kirk, Naporn Popattanachai, Richard A. Barnes, and Eva R. van der Marel (eds.), Research Handbook on Plastics Regulation: Law, Policy and the Environment

1. The book under review, Elizabeth A. Kirk, Naporn Popattanachai, Richard A. Barnes, and Eva R. van der Marel (eds.), Research Handbook on Plastics Regulation: Law, Policy and the Environment, Edward Elgar Publishing, 2024, xii+439 pp., index; ISBN 9781802201512 (Hardback); ISBN 9781802201529, addresses an important topic.

2. We live in a society surrounded by plastics every day, and plastic leaks at every stage of its life cycle. A growing body of scientific evidence indicates that plastics pollution is harmful to human health and the environment. UNEA adopted a resolution in 2022 aimed at developing a New Treaty to end plastic pollution by an intergovernmental negotiation committee (INC).

3. This handbook aims to provide a comprehensive overview of plastics law and policy through the analysis of international, regional, and national examples. There have been many studies related to this topic; however, this handbook provides a more comprehensive overview. Besides an introduction (Chapter 1), Part I examines the impacts of plastics pollution on human rights and food security, along with the relationship between plastics pollution and petroleum industry regulation. There are several types of international legal regimes applicable to the regulation of plastics, as discussed in Part II. Part III examines plastics law and regulation in regional and national legal systems, and Part IV discusses future directions in plastics regulation.

4. The first part of the handbook, which consists of four chapters, describes the regulation of plastics within a broader socioeconomic context. In Chapter 2, Graham Hamley and Stephanie Switzer highlight that the right to health encompasses both a right to healthcare and a right to access a wide range of conditions necessary to enable an individual to attain the standard of health (p. 18). As a result of the plastic life cycle, especially the post-use phase, serious threats to human health and the enjoyment of human rights are posed (pp. 19-24). Based on international human rights law (IHRL), four mutually supportive State obligations are proposed under the right to health (pp. 27-33). Elizabeth A. Kirk examines the extent to which existing international law addresses contamination of food by plastics and highlights key gaps in provision (Chapter 3). Plastics enter the food chain in a variety of ways, despite the SDG 2 commitment that all people have access to “safe, nutritious and sufficient food all year round” (p. 38). In reality, we have a few small patches of narrowly focused legislation and a significant number of areas where laws ought to exist, but do not (p. 55). Chapter 4 discusses how petroleum use and plastics interact in society. Tina Solomon Hunter examines and analyses the history, development, and chemical processes associated with the manufacture and use of plastics, highlighting the types of plastics and their dependence on petroleum as a feedstock (pp. 60-63).

5. There are five chapters in the second part, which is concerned with plastics regulation in different legal regimes. In Chapter 5, Louise du Toit examines the plastics issue from an Earth system (law) perspective. Her recommendations include: (1) explicitly acknowledging the complex impacts of plastics' production, use, and disposal; (2) restricting plastic production; (3) clarifying links across international law regimes; (4) promoting cooperation under existing treaties; (5) emphasizing the need for adaptable global responses based on changing scientific knowledge; (6) emphasizing the importance of justice in the global plastics response (pp. 93-99). According to Edward Goodwin in Chapter 6, plastic pollution should not solely be treated as a marine issue if they are to be effective for protecting biodiversity and international biological diversity regulation is not comprehensive (p. 107). In Chapter 7, Karen N. Scott examines the scope and extent of these obligations in relation to plastics pollution originating from land-based sources, vessels, dumping and implementation and compliance with the rules of the 1982 United Nations Convention on the Law of the Sea, London dumping regime, and the International Convention for the Prevention of Pollution from Ships, etc., but the result is not always effective (pp. 125-137). Eva R. van der Marel examines plastics through the lens of international trade law in Chapter 8. In Chapter 9, Rosa Maria Ballardini and Juha Vesala point out that it is not plastic as such that is the problem, but how we produce, use, and dispose of plastics that may result in negative environmental consequences (p. 167). The intellectual property law, in particular the patent law, can promote sustainable technologies and innovations, including in the field of plastics (pp. 169-185).

6. The third part is concerned with the law and regulation of plastics in various regional and domestic legal systems. In Chapter 10, Tiina Paloniitty and Tellervo Ala-Lahti evaluate EU policy strategies and sectoral measures together with various approaches taken within the union to combat plastics pollution. Policing plastics pollution is carried out in two strategies: the European Plastic Strategy is the first, while the circular economy strategies are the second, with the Circular Economy Action Plan being adopted in 2020 (pp. 191-194). In Chapter 11, Yoshifumi Tanaka examines the international legal framework for the prevention of marine plastic pollution in the North-East Atlantic by using two models: the decentralized-relational model, and the institutional-communitarian model (pp. 212-227). It appears that the institutional-communitarian model provides a more effective means of regulating marine plastic litter (p. 228). In Chapter 12, Sarah E. Mackie and Kamrul Hossain illustrate the main sources of plastics in the Arctic region as well as their effects on the environment (pp. 230-232). During Chapter 13, Karen Raubenheimer discusses the regional legal and policy frameworks adopted by Pacific island countries to enhance and harmonize their domestic action on plastics. An overview of the status of plastics and plastic waste regulation in Africa is provided in Chapter 14 by Hennie Strydom (pp. 273-288).

7. In Chapter 15, Gerphas Opondo examines Kenya’s progress towards effective regulation of plastic products and waste. Using the precautionary principle, Rose-Liza Eisma-Osorio shares the Philippines' experience with regulating plastic pollution in Chapter 16. She emphasizes that the precautionary principle can play a pivotal role, especially in the case of plastics, although it is still an evolving concept (pp. 328-329). As discussed in Chapter 17, Yen-Chiang Chang, Kangjie Sun, and Yu Wang examine the development of plastics regulation in China. Laurel Besco examines the plastics problem from a public policy perspective in Chapter 18. Multiple streams approach is used to explain why a policy window for single-use plastic waste was opened in the United Kingdom (pp. 356-371).

8. This handbook concludes with a discussion of the future direction of plastics regulation based on the experience of the European Union. Richard A. Barnes emphasizes the importance of joining up regulatory approaches to resolve plastic risks in Chapter 19. A holistically focused framework concept of the circular economy is presented, which indicates what needs to be pursued within regulators’ regulatory frameworks (pp. 376-387). Rosalind Malcolm and Alexandra Mikheeva-Ashe discuss how laws can encourage innovation and technology to better address and prevent pollution in Chapter 20. In spite of the focus of this chapter on the application of life-cycle thinking (LCT) to plastic products at the design stage, LCT-based tools and approaches can be used to facilitate decision-making throughout the life cycle of plastic products (pp. 403-419).

9. The collected studies provide a comprehensive overview of some of the most pressing issues related to plastics regulation. Pollution caused by plastics is not a problem confined to one country or region; it is a global problem. Currently, the international law regarding plastics pollution is fragmented, and the New Treaty is required. Our awareness of fragmentation has sharpened our focus on the need for coordinated, system-wide regulatory responses to plastics pollution and use. The New Treaty should include a systemic approach such as LCT, as this approach is useful for identifying gaps and serves as a basic methodological approach for identifying areas for policy and regulatory intervention.

10. In most areas concerning plastics, there are significant gaps in our understanding of how plastics interact with humans, ecosystems, and biodiversity. This has led to frequent calls to ensure that the New Treaty includes mechanisms for providing and evaluating scientific evidence. It is important to note that regulatory solutions should not be overly technocentric so as to avoid forgetting capacity deficits or disregarding technical standards during implementation. Lastly, plastic pollution’s causes and impacts vary widely across countries and regions, with significant disparities. Regulatory regimes should consider social needs and equity during development. As of December 1, 2024, the Chair’s draft of the new treaty has been released. The handbook is well worth reading and serves as a useful reference for officials, policy-makers, and individuals involved in the regulation of plastics.