1 Approaching Legal Issues in a Project Finance Transaction

Author(s):  
Fletcher Phillip

Although each project has unique characteristics, which may vary depending on such matters as the host jurisdiction and sector,there are legal issues and risks that are common to most projects. The process of assessing those risks and determining whether and how they can be mitigated is central to structuring a successful transaction that will be sufficiently robust to withstand the economic, technical, political, and legal challenges that are likely to arise over the frequently long-term tenor of the project’s debt.This chapter identifies the broad categories of risks that must be considered, and outlines a methodology for doing so. The chapter also introduces a discussion of the unique features of project finance credit and security documents, and of the process required to close complex transactions.

2018 ◽  
Vol 22 (3) ◽  
pp. 45-84
Author(s):  
Min HAN
Keyword(s):  

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.


Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 46
Author(s):  
Esther Salmerón-Manzano

New technologies and so-called communication and information technologies are transforming our society, the way in which we relate to each other, and the way we understand the world. By a wider extension, they are also influencing the world of law. That is why technologies will have a huge impact on society in the coming years and will bring new challenges and legal challenges to the legal sector worldwide. On the other hand, the new communications era also brings many new legal issues such as those derived from e-commerce and payment services, intellectual property, or the problems derived from the use of new technologies by young people. This will undoubtedly affect the development, evolution, and understanding of law. This Special Issue has become this window into the new challenges of law in relation to new technologies.


2017 ◽  
Vol 25 (3) ◽  
pp. 442-455
Author(s):  
Olufemi Soyeju

Project finance is a subset of financial techniques used traditionally in raising long-term debt financing for projects particularly in the energy and mining sectors of the economy. However, over the years, it has proved helpful in raising the required funds to drive public infrastructure projects through the public private partnership framework. By its nature, project finance is either non-recourse, or of limited recourse, to the project sponsors and hence identifying the various risks and determining who should bear these risks is the overarching essence of project finance technique. These uncertainty and risks may have significant impact on outturn costs or benefits of a particular infrastructure project. Generally, typical project finance transaction is fraught with many project risks which sometimes overlap. However, among these inherent risks there are some that are legal in nature and hence they are referred to as legal risks. So, this article seeks to interrogate the related legal risks in project finance as a financing technique to fund development of infrastructure and in particular, the procurement of critical public infrastructure assets in Nigeria and the various ways by which these risks can be mitigated to drive infrastructure development in the country.


1991 ◽  
Vol 159 (6) ◽  
pp. 769-782 ◽  
Author(s):  
Danya Glaser

Child sexual abuse is a commonly encountered and often emotionally damaging experience, maintained by secrecy and followed by denial after disclosure. Treatment in this field involves both the child and the family in a variety of treatment settings and modalities, often proceeding in parallel. Child developmental considerations dictate that treatment often proceeds in phases. It aims to protect the child from further abuse and the consequences of disclosure, and address the trauma and context of the abuse. Careful planning and co-operation is required by the many professionals working in this stressful area in order to avoid confusion, conflicts, and splits which may mirror relationships in the family. The heterogeneity of the problem is reflected in the fact that treatment cannot be offered in a uniform programme. Legal issues may influence the treatment process. Evaluation of treatment modalities, the identification of protective factors and achieving long-term adjustment in the least detrimental manner offer challenges in this newly developing field.


Author(s):  
Sam De Silva

Whilst there are numerous benefits for a business from procuring a ERP on the basis of FOS licensing terms, there are a number of legal risks which need to be considered. These legal risks include: (a) assuming all FOS licences are the same; (b) uncertainty as to the enforceability of FOS licences; (c) lack of clarity in relation to the legal characterisation of FOS licences; (d) risk of poor performance; (e) risk of IPR infringement claim; (f) issues arsing from reciprocity; (g) legal challenges to FOS licences; and (h) the issues arising from the missing contractual provisions. The chapter outlines these legal risks and provides recommendations as to how to mange such risks.


Author(s):  
Fabrice Jotterand ◽  
Marcello Ienca ◽  
Tenzin Wangmo ◽  
Bernice S. Elger

Dementia and especially Alzheimer’s disease (AD) are among the most expensive and burdensome diseases in Western societies. It is estimated that the number of older adults being diagnosed and living with dementia reached 35.6 million worldwide in 2010 and it is expected to increase up to 135.5 million in 2050. The increased incidence of the disease poses a major challenge for public health systems and health care services in terms of financial management and provision of specialized care to this patient population. The development and implementation of smart assistive tools (Intelligent Assistive Technologies - IATs) to compensate for the specific physical and cognitive deficits of older adults with dementia have been recognized by many as one of the most promising approaches to this emerging financial and caregiving burden. This volume aims at providing an up-to-date overview of the current state of the art of IATs for dementia care, determining their current taxonomy, and defining their functionality, capability, and level of implementation. In addition, this collection of essays examines the implications of the use of IATs at the medical level, including psychological and clinical issues and the ethical and legal challenges such as problems related to their long-term effects (psychological and physiological), questions related to privacy, and the values and norms guiding the development of regulatory frameworks at the national and international stage.


Author(s):  
Michael Ellis

Following the recommendations and using the knowledge in this book will help you to navigate your journey successfully. Your child will make progress and you will value and enjoy every new milestone. You will experience unconditional love and patience. You will have great joy in your life. You will love your child for his or her unique personality and perspective on life. Your child is different, but not “less.” Embracing your child’s differences will open your heart and mind to new possibilities and pathways. If your child has not been diagnosed officially yet, you must have your child evaluated as soon as possible. Early diagnosis and treatment will help to significantly improve your child’s prognosis and future. You must understand the negative effects of your child’s autism on your whole family and how to avoid them as much as possible. Surround yourself with people who “get you” and your family. You need support. Fight the urge to isolate yourself and your family. Create and maintain a healthy marriage. Explore all treatment avenues, such as medications, therapies, and complementary and alternative medicine (CAM) treatments as appropriate. Do not be afraid to consider medications. Find a provider you trust who is an expert with ASD. For your child to be successful, you need to become very familiar with the educational system and be an advocate for your child at school. You also need to be adept with legal issues of guardianship and other long-term planning issues such as the special needs trust. Lastly, you need to find acceptance and may need to explore issues of spirituality and religion. Since my daughter’s diagnosis 10 years ago, I have found great joy in raising her. I appreciate and love her for who she is every day. My family would not be complete without her. Not a day goes by that she does not make me laugh. She has given my life great purpose and fulfillment, and I have no doubt that you feel the same about your child. I am amazed at the progress she has made.


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