|Overview : |
Project - 00094577 - JMA Project
International Consultancy for a Legal Expert (Law of the Sea) to Support the JMA Project Marine Spatial Planning (MSP)
The JMA Demonstration project is assisting Mauritius and Seychelles in the development and demonstration of new management approaches for such extended continental shelf areas, which can provide lessons and management techniques that could be replicated both within the western Indian Ocean and other similar maritime zones globally.
Scope of Work
While Mauritius and Seychelles exercise joint sovereign rights over the continental shelf, for the purposes of exploring and exploiting its natural resources, these rights do not extend to or affect the legal status of the superjacent waters. These jurisdictional limitations have implications for the scope, content and application of any spatial management framework for the JMA. It is important, therefore, that the spatial management framework recognises these jurisdictional limitations and that all parties fully understand the extent of their rights and obligations under the developing planning framework.
The Strategic MSP Roadmap, developed during Phase 1 of the JMA Demonstration Project and adopted by the Project Steering Committee in November 2019, recognizes the need to build the legal capacity and understanding of the Joint Commission and those officials who will provide legal advice to the Commission regarding the scope and limits of planned management interventions for the JMA. In this regard, the purpose of this consulting assignment is to provide members of the Joint Commission and senior government legal with robust legal analysis of their legal rights, obligations and options for future reference and to inform the development of the MSP framework.
Duties and Responsibilities
To achieve this objective, the following activities are proposed:
- Prepare for and deliver a [2 or 3]-Day Capacity Building Workshop, to be delivered to members of the Joint Commission and senior government legal advisers (from Mauritius and Seychelles) on the legal regime of the extended continental shelf; and
- Prepare a written “relevant legal advisory memorandum” setting out the scope for the Joint Commission to control, regulate and manage activities in the Joint Management Area, including transboundary and jurisdictional matters for those activities considered to be “high seas freedoms”.
- Submission of an assignment work-plan
- Submission of a “workshop plan” defining inter alia the scope, outline, key questions to be addressed and method of delivery for the workshop
- Deliver the 2 or 3 day capacity building workshop
- Draft Legal Advisory Memorandum
The selected service provider will provide service to the Joint Commission through Department for Continental Shelf, Marine Zones and Exploration in the Prime Minister’s Office, and report to the National Project Director (NPD), Project Manager, and the Head of Environment Unit.
All deliverables shall be approved by the NPD, UNDP and the Project Steering Committee.
DURATION OF WORK
The Legal Expert’s work schedule shall be for 25-person-days until 25 February 2021 with the following breakdown;
- 1 field mission to Mauritius (7 days, October 2020)
- 18 days home-based.
NOTE: Due to the ongoing global Coronavirus pandemic, the dates indicated in this Terms of Reference may change.
- The Legal Expert will work primarily from their home, with regular contact being maintained with the NPD, Project Manager and the MSP Specialist.
- During the field-based part of the assignment, the Legal Expert will be based at the PMU Office, Department for Continental Shelf, Maritime Zones Administration and Exploration, Port Louis and at the UNDP Office, Port Louis.
Submission of Application
Applications should be sent through email : email@example.com on or before Friday 31 July 2020 - 16:00 hours Mauritius time (GMT+4)
Annex A - Letter of confirmation of interest and availability and Submission of financial proposal
Annex B - Model Contact IC
Annex C - UNDP GCC IC
Annex D - P11
Terms of Reference
Please submit only Annex A and Annex D mandatorily.