Legal Expert to review country compliance with international ocean-related environmental agreements
Component 3 of UNDP/GEF YSLME Phase II Project aims at improving ecosystem carrying capacity with respect to regulating and cultural services. In Outcome 3.3 of Component 3 entitled “Strengthened legal and regulatory processes to control pollution”, the project will support several Activities leading to four project targets, to be concise,1) regional guidelines for micro-plastics monitoring and assessment; 2) new incentives and measures adopted in coastal cities in support of recycling economy; 3) new provincial regulations to improve water quality; and 4) new profitable businesses developed from waste reuse and recycling.
As one of the proposed activities, Activity One may be further broken into three sub-activities which are as follows: 1) review of policies and regulations in China and RO Korea dealing with pollution control, 2) assess compliance with UNCLOs, the Future We Want, multi-lateral environmental agreements and programmes ratified by PR China, and 3) prioritize legal and regulatory reforms at domestic level. Satisfactory accomplishment of sub-activity one provides good reference for achieving the four project targets. Drafting new guidelines and regulations, adopting new incentives and measures, and developing new green profitable businesses should all be conducted based on the current legal and regulatory framework. On the other hand, ideas, norms, plans and/or techniques etc. arising from the other four Activities may provide valuable feedback to the process of conceiving legal and regulatory reforms. Review of current policies and regulations on pollution control can lead to not only a library for policy-makers for informed decisions but also to precisely find their inherent inconsistencies and gaps including those as described in SAP for YSLME and propose targeted solutions. Compliance assessment with applicable agreements/programmes establishes a two-way channel by which domestic regulations and policies can be analyzed and improved to be compliant with international or regional standards and best domestic practices may be identified and populated into related agreements/programmes in future negotiations. All in all, Activity One is indispensable for Outcome 3.3 and thus Component 3. In this context, the project plans a consultancy with the following terms of reference (TOR).
The objective underlying the proposed consultancy is to enhance the regulating services of YSLME in particular by strengthening the legal and regulatory processes to control pollution through, inter alia, improving pollution-concerned legal and policy system at domestic level by ontology analysis and international/regional compliant comparative assessment taking into account the principles and approaches of YSLME-based integrated coastal and marine management.
The consultant is expected to deliver the following results:
- An inventory of domestic laws/regulations/policies dealing with pollution control in PR China and RO Korea
- An inventory of international/regional environment agreements/programmes effective for PR China and RO Korea with respect to pollution control
- An analysis report concerning inconsistencies and gaps of domestic laws/regulations/policies dealing with pollution control in PR China and compliance assessment with relevant environment agreements/programmes, together with recommendations on legal and regulatory reforms