Customs duties due to COVID-19 extra shipping costs. A force majeure?

Over 90% of Uganda's power is generated from renewable sources. Standardised Implementation Agreements and Power Purchase Agreements create a long-term relationship between Generating Companies and the state-owned off-taker guaranteed by Government. The COVID-19 pandemic and measures to curb the spread of the virus have triggered the scrutiny and application of force majeure (FM) clauses in these agreements. This article reviews the FM clauses and considers their relevance. The authors submit that FM clauses are a useful commercial tool for achieving energy justice by ensuring the continuity of the project, despite the dire effects of the pandemic. Proposals are made for practical considerations for a post-COVID-19 future which provides the continued pursuit of policy goals of promoting renewable energy sources and increasing access to clean energy, thus accelerating just energy transitions.

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EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial ◽

10.24952/el-qanuniy.v6i1.2467 ◽

2020 ◽

Vol 6 (1) ◽

pp. 1-15

Author(s):

Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar

Keyword(s):

Islamic Law ◽

The State ◽

Judicial Process ◽

Positive Law ◽

State Administration ◽

Shipping Costs ◽

The Status ◽

Happy Marriage ◽

Religious Courts ◽

Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

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FORCE MAJEURE, CHANGE OF CIRCUMSTANCES AND TERMINATION OF CONTRACT

Journal of Law Society and Development ◽

10.25159/2520-9515/358 ◽

2016 ◽

Vol 3 (1) ◽

pp. 31-44

Author(s):

Shiyuan Han

Keyword(s):

United Nations ◽

Contract Law ◽

Unified Model ◽

The Other ◽

Final Decision ◽

Dual Model ◽

Chinese Law ◽

Force Majeure ◽

United Nations Convention ◽

Distinct Line

It is impossible to draw a distinct line between force majeure and change of circumstances, because the two overlap. In order to regulate both force majeure and change of circumstances, the United Nations Convention on Contracts for the International Sale of Goods (CISG) has adopted a unified model in article 79, whereas Chinese law adopts a dual model by treating them as different things and regulating them in different articles. Where the purpose of a contract becomes impossible to achieve because of a force majeure and both the CISG and Chinese Contract Law (the CCL) adopt the same model of termination of the contract, the contract should be terminated by one party with a notice to the other party instead of ipso facto avoidance. In a case of a change of circumstances, in order to terminate the contract, both the CISG and the CCL actually follow the path of raising an action by a notice of avoidance or termination to theother party. Both approaches have their merits and demerits but the differences between them in practice are not as large as presumed. Where force majeure and change of circumstances overlap each other, possible ways for termination of the contract are for a party either to choose their preferred solution or to follow the lex specialis derogat generali. The latter way is preferred in this article; and while in an action for termination the judge may balance the interests of both parties in making a final decision, the uniform application of the law, the safety of the transaction and the fairness of the judgment may be ensured in so doing.

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THE USE OF FORCE MAJEURE BY ATTORNEY AGAINST TAXATION CRIME

Hang Tuah Law Journal ◽

10.30649/htlj.v2i2.69 ◽

2018 ◽

Vol 2 (2) ◽

pp. 182

Author(s):

Adnan Hamzah ◽

Muhammad Djafar Saidi ◽

Amir Ilyas

Keyword(s):

Use Of Force ◽

Normative Study ◽

Information Transparency ◽

South Sulawesi ◽

Additional Investigation ◽

Force Majeure ◽

Directorate General ◽

Financial Losses

<p>This study aimed to see the effectiveness of using force majeure along with the challenges the attorney might encounter against taxation crime. It was a normative study with statute and case approaches. The study was conducted in High Prosecutor General office in Makassar and Directorate General of Tax South Sulawesi. The result showed that the force majeure by attorney against taxation crime might be applied in the form of detention to complete particular documents and conduct an additional investigation before filing the case to the court. The challenges in implementing the force majeure by attorney against taxation crime might come from legal and non-legal factors. The former involved confusing phrase of ‘investigation termination’ by attorney and the light different view on state financial losses between under Corruption Law and under General Act of Taxation, and the later involved the professionalism of attorney and information transparency. </p>

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FEATURES OF RISK MANAGEMENT AFTER REALIZING PPP PROJECTS

UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION ◽

10.31618/vadnd.v1i12.90 ◽

2018 ◽

Vol 1 (12) ◽

pp. 179-190

Author(s):

Mariya Zinovievivna Masik

Keyword(s):

Risk Management ◽

The State ◽

Financial Risks ◽

Contract Negotiations ◽

The Public ◽

Political Risks ◽

Force Majeure ◽

Investment Agreement ◽

The Law ◽

Partnership Agreement

The article is devoted to the clarification of the peculiarities of risk management during the implementation of PPP projects. The author identifies a set of risks for a private partner, business risks of PPP projects and the main risks associated with the protests of the public, as well as public and international organizations. The typical risks of PPP projects are presented, including force majeure, political risks, profitability risks, operational, construction, financial risks, and the risk of default. The world experience of sharing risks between the partners is presented. Also named are the main methods for assessing the risks of PPP projects. It has been determined that the conditions on which the parties should reach agreement in order for the contract to be concluded are essential. Risk management can be implemented within the framework of the essential conditions for the allocation of risks. However, the provisions of the law provide for the allocation of only those risks identified by the results of an analysis of the effectiveness of the PPP project. Legislation does not directly determine how risks can be allocated to the risks identified during the pre-contract negotiations (or even at a later stage), but not taken into account in the analysis of efficiency. For example, suggestions on the terms of the partnership agreement as part of the bidding proposal may include suggestions on risk management mechanisms. There are no definite and can not be fully defined possible ways of managing risks in view of their specificity for a particular project. For this purpose, it is advisable to provide for a period of familiarization with the draft tender documentation and the possibility of making changes to it based on the findings received from potential contestants. It is also advisable to foresee cases in which it is possible to review certain terms of the contract without a competition. It is substantiated that the law does not restrict the possibility of foreseeing specific terms of an agreement on the implementation of the PPP project or to conclude additional (auxiliary) contractual instruments (for example, an investment agreement). At the same time, when laying down conditions not provided for by law, it is necessary to take into account the scope of competence of the state partner. Also, in order to ensure the principle of equality of conditions, the state partner should provide such additional conditions in the tender documentation.

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