The Current State of Law on Plastic Pollution in Mexico and a View Toward the Future

Abstract

Like many nations, Mexico is reviewing its waste management laws and policies in the face of growing evidence of the ubiquity, longevity, and negative effects of plastic waste in the environment, particularly in aquatic habitats. Split into two sections, this chapter will first explore the current Mexican legal framework and regulatory mechanisms regarding single-use plastics through its legal structure starting with the Constitution and continuing with self-executing international treaties, federal legislation, and related regulations. Although the analysis is not extended to the legal activities at state and municipality levels, it is noted that some states and municipalities have, as a result of international and local public pressure, enacted legislation regarding single-use plastics, generally targeting plastic bags and straws. In part two, a framework is proposed for a national legislative approach to address plastic pollution in the waterways of Mexico. Such an approach is intended to reconcile the differences across the states and provide a uniform regulatory structure, which draws upon the best practices to date from an international context. The proposed framework requires the creation of a hierarchy of plastics that identifies those that are beneficial to a healthy society and those that are detrimental. The resulting hierarchy suggests which plastics should, and should not, be in the stream of commerce. From there, the legal framework focuses on defining the composition of the polymers to be used for the chosen plastics to emphasize health, recyclability, and technical compatibility with closed loop systems where possible. Such uniformity is intended to enhance the value of the plastic waste to ensure products will in fact be recycled and that there will be a market for the material. To better protect Mexico’s waterways and aquatic life, the legal mechanisms must ensure that the federal legal framework for pollution meets constitutional requirements and considers the entire life cycle of plastics from production to the end of its life.