Legal consultant: Seafood supply chains in Indonesia, Japan, and the Philippines
About the organisation
ClientEarth is a global environmental organisation that uses the power of law to bring about systemic change that protects the earth for – and with – its inhabitants. The organisation works in partnership across borders, systems and sectors, using the law to protect life on earth. The aim is to bring about
end-to-end systemic change: informing, implementing and enforcing the law, advising decision makers on policy, and training legal and judicial professionals.
In Asia, ClientEarth helps build legal frameworks to address climate change, accelerate the transition to clean and accessible energy and protect nature. We work in collaboration with people, governments and
industry to build a future in which people and planet thrive together and help embed climate change and nature protection in investment, regulatory and policy decisions across the region.
About the project
ClientEarth is currently developing its strategy to drive the effective protection and restoration of nature.
This will focus on a systems approach, using legal tools to support the successful implementation of global policies and commitments and respond to the global biodiversity crisis, with the aim to halt and ultimately reverse it. A part of the project is to support the marine biodiversity conservation in strategic
countries like Indonesia, Japan, and the Philippines.
Purpose
ClientEarth seeks a lawyer qualified in Indonesia, Japan, or the Philippines to undertake the following:
a) A legal analysis of the laws, rules and the regulatory frameworks governing seafood supply chains in the at least one/two of the three jurisdictions. This consultancy may be divided on country-by-country basis depending on applications received.
b) The analysis must include (but not be limited to):
a. analysis of existing laws and frameworks governing seafood supply chain management, traceability, and seafood markets in the context of combatting overfishing, environmental degradation and inhumane labour practices;
b. stakeholder map of private actors (trading companies, fishery associations, CSO, etc.) working on this issue as well as a list of government agencies responsible for legislating and enforcement of these laws;
c. evaluate effectiveness of regulatory enforcement and sanctions by these mechanisms and identify conflicts or challenges to implementation where they have arisen; and
d. identify around three strategic legal gaps or levers to be utilised in accelerating sustainable seafood supply chain management.
c) Identify business touchpoints where liability arises.
d) Identify key organisations (in particular, CSOs) working on this issue in the priority countries.
Key Output
• A report that sets out the legal and regulatory frameworks governing seafood supply chain management in Indonesia, Japan, and/or the Philippines, gaps and challenges in these frameworks and in their implementation, government agencies regulating and enforcing these laws and recommendations
• The Report should contain an executive summary, introduction, the legal analysis and recommendations. Annexes should include laws and frameworks, relevant jurisprudence (both at the national and international levels), and stakeholder map of organisations and government agencies
• Identify key levers in legal frameworks and leverage in individual governments as well as RFMOs and aid policy makers in regulatory development to promote resilient fisheries
Qualifications and Experience
• Law degree (essential) and qualification to practise (desirable) as a lawyer in the Philippines, Indonesia, or Japan
• Significant experience working as a Philippines, Japan or Indonesia – qualified lawyer (desirable)
• Experience and knowledge in seafood supply chain traceability with relevant experience in policy drafting, regulatory analysis, policy advisory (desirable)
• Excellent writing skills
• Fluency in English (essential)
Timeline
The analysis will be completed over 4-5 months, with deliverables submitted as per agreed milestones.
Remuneration
The maximum budget for the consultant will be GBP 18,000 (inc. VAT and all applicable taxes) or it may be split equally between consultants depending on the number of consultants ultimately chosen. Please include your proposed daily rate, the countries you will focus on, and estimated time required to deliver
the outputs.
Payment will be made upon receipt of the output to ClientEarth’s satisfaction, the
accomplishment report and invoice. This budget does not provide for travel.
Mode of application
Consultants who meet the requirements should submit their letter of intent, CV and a copy of a writing sample to Babette Tachibana-Brophy (bbrophy@clientearth.org) by 18 August, 2025
Legal Analysis of Renewable Energy Service Contracts in Relation to 30x30 Goals and the Philippine Biodiversity Strategy and Action Plan
Background
As of April 30, 2025, renewable energy (RE) accounts for 33%, or 10,161 MW of the Philippines’ power sector's total installed capacity of 31,183 MW. The country aims to increase the share of RE in its power generation mix to 35% by 2030 and 50% by 2040.
The main policy framework guiding the development of RE in the Philippines is Republic Act No. 9513, also known as the Renewable Energy Act of 2008, which includes the issuance of Renewable Energy Service Contracts (RESCs) for onshore and offshore projects. To meet its energy transition goals, the government has rolled out various programs and policies to accelerate RE uptick.
One key area of focus is offshore wind development. As of 2025, a total of 92 offshore wind service contracts have been awarded, representing a potential capacity of 65 GW. The government has also concluded three Green Energy Auctions the following technologies:
GEA 1 - Hydropower, solar, wind, biomass
GEA 2- Solar, wind
GEA 3- Hydropower, geothermal
GEA 4-Solar, Wind, Solar + ESS
with a fourth scheduled for September this year. To further encourage investment in RE, the Philippines has lifted the previous 40% foreign ownership limitation on RE projects. In addition, a moratorium has been imposed on new endorsements for greenfield coal-fired power generation projects. In support of these initiatives, the Government is expected to launch its Smart and Green Grid Plan in September 2025. This plan aims to modernize the power grid to accommodate the anticipated influx of renewable energy capacity.
Simultaneously, the country is updating its Philippine Biodiversity Strategy and Action Plan (PBSAP) in line with the Kunming-Montreal Global Biodiversity Framework, including the 30x30 target to conserve 30% of terrestrial, inland water, and marine areas by 2030. The integration of Environment and Natural Resources (ENR) related priorities in the national, regional and local plans are relevant because this will ensure harmonized biodiversity strategies and actions. This ToR seeks legal expertise to assess how RESCs intersect with national biodiversity objectives and identify legal and financial risks and gaps in current laws, policies and regulation, with a focus on marine and terrestrial areas.
Objective
To analyze the Philippine legal framework governing RESCs in relation to:
• The 30x30 biodiversity conservation target;
• The Philippine Biodiversity Strategy and Action Plan (PBSAP); and
• Applicable national laws on biodiversity, protected areas, wildlife, and marine
resource management.
Scope of Work
The legal expert will:
a. Map Relevant Legal Frameworks
Review laws, regulations, and policies that affect RE development (specifically governing the issuance, cancellation, and contractual rights and obligations both of government and the developer under RESCS) and biodiversity conservation, including but not limited to:
• Renewable Energy Act (RA 9513) and relevant delegated legislation
• EIS System (PD 1586)
• NIPAS Act (RA 7586, as amended by RA 11038)
• Wildlife Act (RA 9147)
• Fisheries Code (RA 8550, as amended by RA 10654)
b. Assess RESC and Biodiversity Intersections
Analyze legal and financial risks for the Government and the Offshore Wind Energy developers as signatories to the RESC upon the implementation of the Philippine Biodiversity Strategy and Action Plan (PBSAP) by the DENR across three key stages:
o Government (as Signatory):
1.What are the legal and contractual risks to the government, including the potential for a breach of contract suit, if it unilaterally amends an
existing Renewable Energy Service Contract (RESC) to carve out a
portion of its area for the PBSAP?
2.Would the implementation of the PBSAP that reduces the area of a pre-existing RESC be considered unconstitutional due to non-impairment of contracts clause in the Constitution?
3. Is an RESC considered a property right, and if so, would the government's action of carving out a portion of the contracted area per the PBSAP and declared as a protected area/other relevant designation be considered a “taking” that would require just compensation?
4. What are the risks related to breaches of environmental laws and international biodiversity commitments (including 30x30 targets) through improper site approvals, insufficient screening, limited integration of biodiversity data/spatial planning, and overlaps with protected or community-managed areas? This includes legal challenges for improper approvals and undermining 30x30 conservation objectives.
oDeveloper (as Signatory):
1.What are the legal risks related to breaches of environmental laws, wasted feasibility investment, project rejection due to conflicts with ecologically sensitive areas (especially if falling under 30x30 designation), project delays, andpotential termination from legal challenges related to biodiversity data or overlaps with protected/community-managed areas?
2. What are the financial risks if the area under pre-development is affected by the PBSAP and declared as a protected area/other relevant designation i.e. a carve out from the RESC area? Also consider financial risks such as costs associated with increased development costs and difficulties in securing financing.
3. Pre-Development and Development7 of Project has Started (With ECC, Not Yet Operational)
o Government (as Signatory):
1.What are the legal and contractual risks to the Government if it amends an existing RESC to reduce its area per the PBSAP? Can the developer sue the government for breach of contract, and what are the potential financial liabilities, including damages and legal costs?
2. Can the PBSAP be challenged as unconstitutional under the nonimpairment of contracts clause, given that it would alter the terms and scope of a pre-existing RESC?
3. Is an RESC considered a property right, and if so, would the government's action of carving out a portion of the contracted area for the PBSAP and declared as a protected area/other relevant designation be considered a “taking” that would require just compensation?
4. What are the legal risks of ECC revocation/suspension if challenged due to inadequate environmental impact assessments or conditions, liability for previous approvals, failure to enforce robust biodiversity mitigation/monitoring requirements, and contractual disputes/legal challenges/public backlash if the approved project area directly conflicts with declared critical habitats or newly designated 30x30 zones?
o Developer (as Signatory):
1.What are the legal and regulatory risks to a project, including the potential for suspension or cancellation, if the Environmental Compliance Certificate (ECC) is legally challenged and overturned, and what are the Government's liabilities for granting inadequate approvals?
2.What are the financial risks associated with project delays or termination, including losses from stranded assets, increased capital costs due to uncertainty, and financial losses from extended interest payments and lost revenue?
3. What is the likelihood of project commencement being halted by an injunction, and what are the legal and financial risks of a project being terminated if its area is designated as a critical habitat or a '30x30' zone after initial approvals are granted?
Operational Project
o Government (as Signatory):
1.What are the legal and contractual risks to the Government, including the potential for a breach of contract suit, if it unilaterally amends an existing Renewable Energy Service Contract (RESC) to carve out a portion of its area for the PBSAP?
2.Would the implementation of the PBSAP that reduces the area of a pre-existing RESC be considered unconstitutional due to non-impairment of contracts clause in the Constitution?
3. Is an RESC considered a property right, and if so, would the government's action of carving out a portion of the contracted area per the PBSAP and declared as a protected area/other relevant designation be considered a “taking” that would require just compensation?
4. Direct liability for environmental damage caused by the RESC, fines, cease operations orders, pressure for enforcement (especially for breaches of 30x30 conservation goals), legal action for failure to monitor and enforce ECC terms or biodiversity safeguards, and potential criminal charges for severe violations.
o Developer (as Signatory):
1.What are the legal and operational risks of a project, particularly those impacting conservation areas, including the potential for litigation for damages, criminal charges, forced operational shutdowns, and heightened fines and penalties for non-compliance with ECC terms or other environmental and wildlife laws?
2.What are the financial risks associated with these legal exposures, including operational losses, significant fines and penalties, high costs of litigation and damages, increased insurance premiums, and other related financial burdens?
3. What are the specific contractual and financial risks that arise from existing offtake agreements or power supply agreements (PSAs) if a project faces legal challenges, forced shutdowns, or is subject to penalties due to non-compliance with environmental safeguards or impact on conservation areas per the PBSAP?
Recommend Legal and Policy Measures
Propose measures to:
• Enhance biodiversity safeguards in RESC approval and monitoring;
• Align permitting processes with 30x30 and the updated PBSAP.
• Steps to mitigate identified legal risks to government and developers for existing and future RESCs
• Policy Recommendations to revise/amend existing policies/amend existing
regulations on future RESCs and existing RESCs to account for action under the
PBSAP and existing stage of development of the RE Project.
Deliverables
• Inception note with methodology and legal sources
• Draft legal analysis report with risk assessment
• Final report with recommendations
• (Optional) Presentation or stakeholder summary
• Regular calls (as needed)
Timeline
The analysis will be completed over 6–8 weeks, with deliverables submitted as per agreed milestones.
Qualifications
• Qualified to practice in the Philippines;
• Expertise in Philippine energy, environmental, and natural resources law;
• Experience with renewable energy service contracts and/or RE project
development;
• Experience in biodiversity policy, protected area law, and legal risk analysis;
• Familiarity with 30x30, the PBSAP, and marine/coastal governance frameworks.
Remuneration Fee
Up to USD 5750 (inclusive of VAT and all applicable taxes – the consultant will be responsible for paying all appliable taxes under the Philippines law)
Applicants should indicate their daily rate and anticipated number of working days in their proposal
Applications
Please send an email with your CV, cover letter/letter of intent and daily rate/anticipated working days by 18 August, 2025 to Kanika Sood, ksood@clientearth.org