This article explores the nexus between the law of the sea and the potential future treaty on plastic pollution, which is currently being negotiated under the auspices of the United Nations (UN) Environment Programme. The potential treaty aims to regulate the full lifecycle of plastics, including in the marine environment. The relevance of the law of the sea regime is fundamental given the highly transboundary nature of already existing legacy plastic pollution in the ocean as well as ocean and land-based sources of plastic pollution. A particular contentious element is the engagement of stakeholders such as industry, academia, Indigenous Peoples and local communities in the development of this treaty. The article will explore possible options for the formulation of the treaty and draws on lessons learnt from the negotiations of the Agreement under the UN Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.

International environmental law rarely refers to the rule of law. However, in fostering inter-state cooperation, international environmental agreements oblige parties to prohibit, restrict or control various activities that are harmful to the environment. The application of these constraints at the national level requires the rule of law to be taken into account.