Dear Colleagues,
Please find following Pacific Vacancies - Announcement No. 2000/ 66
For those interested in applying - Good luck!
Wilco Liebregts
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ECO-CONSULT PACIFIC NOW HAS MORE THAN 500 PACIFIC ISLAND SPECIALISTS ON ITS
DATABASE. IN ADDITION, WE ALSO HAVE AN EXTENSIVE NETWORK OF INDIVIDUALS AND
ORGANISATIONS IN THE PACIFIC REGION FROM WHERE WE CAN SOURCE EXPERTISE.
VISIT OUR WEBSITE: www.pacificforum.com/ecoconsult
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ECO-CONSULT PACIFIC appreciates a reference to its Pacific Vacancy
Announcement Service if you decide to send in an application.
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CONSULTING OPPORTUNITY
Project Titles
Study of the implications for domestic legislation of the Law of the Sea
Convention and the United Nations Implementing Agreement - Vanuatu
Position
Law of the Sea Consultant(s)
Implementing/Contracting Agency
South Pacific Forum Fisheries Agency (FFA), Honiara, Solomon Islands. The
Consultant will report to FFA's Legal Projects Officer.
Canadian Coordinating and Facilitating Agency
This project is part of the Canada-South Pacific Ocean Development Program,
Phase 2 (C-SPODP II), a 7-year, $14 million program funded by the Canadian
International Development Agency. The Canadian Coordinating and
Facilitating Agency for C-SPODP II is LGL Limited, environmental research
associates. LGL is responsible for the recruitment of Canadian consultants
for C-SPODP II projects, which are being implemented by the South Pacific
Forum Secretariat, South Pacific Forum Fisheries Agency, South Pacific
Regional Environment Programme, and University of the South Pacific. LGL
will screen proposals that are received before the deadline and submit at
least three of the best to the implementing agency, where the consultant
will be selected.
Project Background
The United Nations Convention on the Law of the Sea was signed by 119 states
in Montego Bay, Jamaica, on 10 December 1982. As at 11 November 1999, a
total of 132 states have ratified the Convention. Guyana deposited the 60th
instrument of ratification on 16 November 1993 which activated the period
for entry into force of the Convention. The Convention entered into force on
16 November 1994, 12 months after the deposit of Guyana's instrument.
Vanuatu ratified the Convention on 5 October 1999.
The Agreement for the Implementation of the provisions of the United Nations
Convention on the Law of the Sea of 10 December 1982 relating to the
Conservation and Management of the Straddling Fish Stocks and Highly
Migratory Fish Stocks was opened for signature on 4 December 1995 in New
York, USA. As at April 2000, there have been 59 signatories and 26
ratification's. Vanuatu ratified the Convention on 5 October 1999.
Despite the failure to achieve consensus on the whole Convention, the
fishery provisions remained largely unchanged since the time of the First
Informal Single Negotiating Text in 1975. Central to these provisions is the
concept of coastal state jurisdiction over all the natural resources whether
living or non-living within the exclusive economic zone extending beyond the
territorial sea up to a distance of 200 nautical miles and the related
responsibilities of the coastal state for fisheries management within that
zone. Since the adoption of the Convention and entry into force, a large
number of these coastal states have declared EEZs of up to 200 nautical
miles in their national legislation.
For the island states of the South Pacific region, the impact of the
extension of jurisdiction has been particularly beneficial from the
perspective of marine resources that have come under their national
jurisdiction. However, the extension of jurisdiction has naturally
introduced new responsibilities and obligations in fisheries conservation,
management and control over the foreign fishing operations of distant water
fishing nations in their zones. In an effort to tackle these duties, many of
the countries of the South Pacific have, over the past ten years,
endeavoured to introduce new fisheries legislation..
In FFA's Corporate Plan of 1998 - 2000, the following is one of the
objectives of the Legal Services Division -
"To enhance the ability of member countries to manage their living marine
resources in accordance with the framework of the 1982 United Nations
Convention on the Law of the Sea (LOSC)".
In achieving this objective, the following strategies are, inter alia, to be
utilised: -
1. Advise and assist member governments in the periodic review of their
national fisheries and maritime legislation with a view to their greater
harmonisation;
2. Provide advice to member countries on legal, policy and management issues
arising from the exploitation of the fisheries resources of the region; and
3. Co-ordination of regional initiatives in the development of the Law of
the Sea using legal consultations, workshops, seminars, fellowships and
other training opportunities.
This project falls squarely within FFA's Work Programme and the provision of
assistance to the Government of Vanuatu is therefore suitably justified.
The LOSC contains comprehensive provisions relating to pollution of the
marine environment, the development and transfer of marine technology,
marine scientific research and the law relating to uses of the seabed and
mineral deposits. FFA is not equipped to deal fully with these issues and,
therefore, it is expected that there will be close co-operation in the
implementation of Phases 1, 2, 3 and 4 of the project with other regional
organisations active in these areas such as SOPAC, SPREP, and SPC.
Services Required
The purpose of this project is to implement a request by the Government of
Vanuatu for legal assistance in the review of their domestic legislation for
implementation of the relevant provisions of the 1982 United Nations
Convention on the Law of the Sea (LOSC) and the incorporation of the
provisions of the United Nations Agreement for the Implementation of the
provisions of the United Nations Convention on the Law of the Sea of 10
December 1982 relating to the Conservation and Management of Straddling Fish
Stocks and Highly Migratory Fish Stocks (UNIA) into domestic legislation.
The request falls within the objectives of FFA's Legal Services Programme as
set out in the FFA Corporate Plan 1998 - 2000 and within the approved work
programme.
In order to ensure that the outcome of this project meets the requirements
of the Government of Vanuatu and to ensure full participation and
consultation by legal officials in-country, it is proposed that this project
will be implemented by FFA in consultation with an officer of the Government
of Vanuatu. It is proposed that the project be implemented in 4 distinct
phases: -
Phase 1: Identify those parts of LOSC and UNIA which have particular
relevance to the circumstances of Vanuatu and assess the implications of
LOSC and UNIA for domestic law and policy, with particular reference to
marine fisheries;
Phase 2: Based on the outcomes of Phase 1, review all relevant existing
Vanuatu legislation with a view to identifying inconsistencies and omissions
with respect to LOSC and UNIA. Where appropriate, recommend modifications,
consistent with emerging regional and international standards;
Phase 3: Describe measures which would need to be taken consistent with
their duties and obligations under both UN agreements, including identifying
legislative provisions not now in place;
Phase 4: Prepare a final report for the Government of Vanuatu.
Phases 1, 2 and 3 will be implemented by consultants. In Phase 4, the
output from Phases 1, 2, and 3 will be collated into a final report by FFA's
Legal Service Division working in consultation with the appropriate officer
of the Government of Vanuatu. The final report will pay particular
attention to identifying the key recommendations from Phases 1, 2 and 3.
Study Location
Port Villa, Vanuatu
Schedule
Contract signed: 1 August 2000
Consultant's report received: 15 Sept 2000
Completion of editing and formatting: 30 September 2000
Presentation of report to Vanuatu Government: 27 October 2000
Budget and Resources Available
Not to exceed $US15,000 including travel costs.
During the consultancy, available resources can be accessed from FFA
including library resources and specialist staff. Office space will be
available in Vanuatu.
Qualifications
Required:
Only Canadians or Pacific Island nationals will be considered.
At least five year's experience in a relevant area of law
Previous experience providing high-level policy advice
Experience in drafting legislation
Good health and the ability to work in hot and humid tropical conditions
Preferred:
Prior practical experience with the Law of the Sea
Knowledge of the tuna industry and familiarity with the Pacific region
Proposal Requirements:
1. A full Curriculum Vitae with three references including contact information;
2. A brief (half-page) capsule résumé that addresses the Terms of Reference
(TOR) for the position; and
3. A brief (1-2 page) statement of the proposed approach to fulfilling the TOR.
Proposal Deadline
15 July 2000
Submit Proposal to:
Electronic (preferred)
transform.aqorau@...
Facsimile: 677 23995
Mail
South Pacific Forum Fisheries Agency
PO Box 629
Honiara
Solomon Islands
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PLEASE NOTE:
ECO-CONSULT PACIFIC provides this vacancy announcement to those specialists
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provided free of charge. Unless otherwise indicated, ECO-CONSULT PACIFIC
will not be involved in the selection process, nor in any of the
negotiations for the position, and will not claim any charges from the
specialists.
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advises those interested in a vacancy to contact the advertising
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