DOCSLIB.ORG

""Force Majeure" and "

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Document:- A/CN.4/315 "Force majeure" and "Fortuitous event" as circumstances precluding wrongfulness: Survey of State practice, international judicial decisions and doctrine - study prepared by the Secretariat Topic: State responsibility Extract from the Yearbook of the International Law Commission:- 1978, vol. II(1) Downloaded from the web site of the International Law Commission (http://www.un.org/law/ilc/index.htm) Copyright © United Nations DOCUMENT A/CN.4/315 "Force majeure" and "fortuitous event" as circumstances precluding wrongfulness: survey of State practice, international judicial decisions and doctrine Study prepared by the Secretariat [Original: English] [27 June 1977] CONTENTS Page Abbreviations 65 Explanatory note: italics in quotations 65 Paragraphs FOREWORD 1-3 66 INTRODUCTION 4-37 66 (a) "Force majeure" in international law 4-9 66 (b) Terminological questions 10-12 68 (c) The concept of "force majeure" 13-16 69 (d) The differentiation between "force majeure" (stricto sensu) and "fortuitous event" 17-19 70 (e) The distinction between the concept of "force majeure" and the concept of "state of emergency" (etat de necessite) 20-30 71 (/) The general character of the "exception of force majeure" 31-37 74 CHAPTER I. STATE PRACTICE 38-259 77 Section 1: State practice as reflected in treaties and other international instruments and proceedings relating thereto 39-117 77 (a) International peace and security 45-50 78 Definition of Aggression adopted by the General Assembly in 1974 . 45-50 78 (b) International economic law 51-58 80 General Agreement on Tariffs and Trade (1947) 51-52 80 Convention on Transit Trade of Land-locked States (1965) 53 80 Commodity agreements 54-56 80 Agreements establishing economic communities or free trade associations . 57-58 81 (c) Treatment of aliens 59-75 81 Report of the Special Commission of Jurists of the League of Nations (1924) 59 81 Conference for the Codification of International Law (The Hague, 1930) . 60-75 82 (d) Law of treaties 76-80 87 Vienna Convention on the Law of Treaties (1969) 77-70 87 (e) Diplomatic and consular law 81-82 89 Vienna Convention on Diplomatic Relations (1961) 81 89 Other codification conventions 82 89 (/) Law of the sea 83-85 89 Convention on the Territorial Sea and the Contiguous Zone (1958) ... 83 89 Third United Nations Conference on the Law of the Sea (1973) .... 84-85 90 (g) Communications and transit 86-90 90 Statute on Freedom of Transit and Statute concerning the Rdgime of Navigable Waterways of International Concern (1921). 86-87 90 Other conventions 88-90 91 (h) Protection of the environment 91-92 91 International Convention for the Prevention of Pollution of the Sea by Oil (1954) 91 91 61 62 Yearbook of the International Law Commission, 1978, vol. II, Part One Paragraphs Page Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972) 92 91 (0 Human rights 93-94 91 International Covenant on Economic, Social and Cultural Rights and Inter- national Covenant on Civil and Political Rights (1966). 93-94 91 (/) The law relating to armed conflicts 95-103 92 Convention respecting the Laws and Customs of War on Land (1907) . 95-98 92 Convention relative to the status of enemy merchant ships at the outbreak of hostilities (1907) 99-100 93 Convention concerning the Rights and Duties of Neutral Powers in Naval War (1907) 101-103 93 (k) Peaceful settlement of disputes 104-105 94 Convention for the Pacific Settlement of International Disputes (1907) . 104-105 94 (/) Conventional liability regimes for injurious consequences arising out of acts relating to certain activities 106-117 95 Maritime navigation 108-110 95 Aerial navigation 111-112 96 Pollution 113-114 96 Nuclear energy 115 97 Outer space 116-117 • 97 Section 2: State practice as reflected in diplomatic correspondence and other official papers dealing with specific cases 118-259 98 (a) Land frontier incidents 121-128 99 Crossing of the Austrian border by Italian officials (1862) 121 99 Crossing of the Mexican border by a United States detachment (1886) . 122 99 Incident on the frontier between Bulgaria and Greece (1925) 123-126 99 Crossing of the Basutoland border by South African police (1961) . ... 127 100 Shelling of Liechtenstein territory by a Swiss army military unit (1968) . 128 100 (b) Maritime incidents 129-139 100 The Dogger Bank incident between Great Britain and Russia (1904) ... 129 100 The Chattanooga incident between France and the United States of America (1906) 130-131 101 The Naiwa incident between the United Kingdom and the United States of America (1920) 132 101 The Daigo Fukuryu Maru incident between Japan and the United States of America (1954) 133 101 The Milwood incident between Iceland and the United Kingdom (1963) . 134-135 101 The Thor incident between Iceland and the United Kingdom (1975) . 136-139 102 (c) Aerial incidents 140-153 102 Incidents between France and Germany (1913) 141-142 102 Incidents between the United States of America and Yugoslavia (1946) . 143-146 103 Incident between Bulgaria and Turkey (1948) 147 103 Incident between Czechoslovakia and the United States of America (1951) . 148-149 104 Incident between Albania and the United Kingdom (1957) 150 104 Incident between the United Kingdom and the United Arab Republic (1965) 151 104 Incident between India and Pakistan (1967) 152 104 Incident between Israel and Saudi Arabia (1976) 153 104 (</) Pollution 154 105 Contamination of the Rio Grande (1962) 154 105 (e) Protection of offshore fisheries 155 105 Fur seal fisheries off the Russian coast (1893) 155 105 (/) Reimbursement of debts 156-157 105 Payment of contributions to the League of Nations (1927) 156 105 Statement by the representative of Austria in the Assembly of the League of Nations concerning the non-execution of arbitral awards (1930) . 157 105 (g) International terrorism and hijacking 158-161 106 Attack on the Romanian Legation at Berne, Switzerland (1955) 158-159 106 Hijacking of a Swiss aeroplane (1970) 160-161 106 (h) Civil wars, revolutions, insurrections, riots, mob violence, etc 162-246 106 Belgian revolution (1830) 162-163 106 Insurrection in the Para district of Brazil (1835) 164-167 107 Occupation of Puerto Cabello by Venezuelan revolutionists (1836) . ... 168 108 Mob violence in Athens, Greece (1847) 169 108 Insurrection in Sicily (1848) 170-171 108 Insurrection in Tuscany (1849) 172 109 Riot at New Orleans, United States of America (1851) 173 109 Mutiny in Chile (1852) 174 109 Acts of insurgents in Venezuela (1858) 175-177 109 State responsibility 63 Paragraphs Page Events in Central America (1860) 178 110 Insurrection in Santo Domingo (1861-1863) 179-180 110 Civil war in the United States of America (1861-1865) 181-184 110 The Paris Commune in France (1871) 185 111 Uprising in Argentina (1871) 186 111 Carlist insurrection in Spain (1874) 187 112 Mob violence at Acapulco, Mexico (1875) 188 112 Mob violence at Denver, United States of America (1880) 189 112 The Saida incident, Algeria (1881) 190-194 112 Insurrection at Sfax, Tunisia (1881) 195-197 113 The Alexandria incident, Egypt (1882) 198-199 114 Riots in Haiti (1883) 200 114 Revolution in Brazil (1885) 201 115 The Rock Springs riot, United States of America (1885) 202-203 115 Insurrection in Cuba (1887) 204 115 Riot in Turkey (1890) 205 116 Mob violence at New Orleans, United States of America (1891) 206-208 116 Mob violence at Marsovan, Turkey (1893) 209 117 Civil war in Brazil (1893-1894) 210-213 117 Riot at New Orleans, United States of America (1895) 214 118 Mob violence at Walsenburg, United States of America (1895) 215-217 118 Riot at Harpoot, Marash, etc., Turkey (1895) 218-224 118 Cuban insurrection (1895-1898) 225-226 120 Insurrection in Formosa (1897) 227 120 Mob violence at Kouang-Si, China (1897) 228 120 Insurrection in Sierra Leone (1899) 229 121 Disturbances in Russia (1906) 230 121 Disturbances at Casablanca, Morocco (1906) 231-232 121 Mob violence at South Omaha, United States of America (1909) .... 233 121 Disturbances at Barcelona, Spain (1909) 234 121 Acts of revolutionists in Mexico (1911) 235 122 Internal troubles in Equatorial Africa (1912) 236 122 Mob violence at Setubal, Portugal (1917) 237 122 Civil disturbances in Peru (1920s and 1930s) 238-242 122 Acts of revolutionists at Oviedo, Spain (1934) 243 123 Spanish Civil War (1936-1939) 244-245 123 Disturbances at Algiers, Algeria (1964) 246 124 (0 International armed conflicts or hostilities 247-259 124 Bombardment of Grey Town (1854) 247 124 Chilean-Peruvian War (1879-1884) 248-259 124 First World War (1914-1918) 250-256 124 Second World War (1939-1945) 257-259 125 CHAPTER II. INTERNATIONAL JUDICIAL DECISIONS 260-486 126 Section 1: Judicial settlement 261-322 126 Case concerning the payment of various Serbian loans issued in France (France v. Kingdom of the Serbs, Croats and Slovenes) (1929) 263-268 126 Case concerning the payment in gold of the Brazilian federal loans contracted in France (France v. Brazil) (1929) 269-273 128 The Societe commerciale de Belgique case (Belgium v. Greece) (1939). 274-290 129 The case of the Electricity Company of Sofia and Bulgaria (Belgium v. Bul- garia) (1940) 291-297 141 The Corfu Channel case (Merits) (United Kingdom v. Albania) (1949) . 298-309 142 Case concerning rights of nationals of the United States of America in Morocco, (France v. United States of America) (1952) 310-313 145 Case concerning the arbitral award made by the King of Spain on 23 December 1906 (Honduras v. Nicaragua) (1960) 314-322 146 Section 2: Arbitration 323^86 148 The Jamaica case (Great Britain/United States of America) (1798) 327 149 The Enterprise case (United Kingdom/United States of America) (1853) .
Load more

Recommended publications
  • A Force Majeure Event?
    COVID-19: A FORCE MAJEURE EVENT? Following the outbreak of the novel coronavirus and the consequential surveillance and controls introduced by a number of governments including the Luxembourg government, it may become essential to determine whether these events may be considered as force majeure events under Luxembourg law. Following the outbreak of the novel coronavirus, one question arising with regard to contracts is whether this outbreak and its consequences, especially also taking into account the measures taken by different governments, including amongst others confinement measures, closure of the borders, possible closure of companies, etc. - may be considered as a force majeure event. This may be envisaged from two perspectives. Firstly, there may be a force majeure clause in a given agreement. Such a clause is normally used to describe a contractual term by which one or both of the parties is entitled to suspend performance of its affected obligations or to claim an extension of time for performance, following a specified event or events beyond its control. It may also entitle termination of the contract, usually if it exceeds a specified duration. Whether or not the outbreak of the novel coronavirus will constitute force majeure in a contract is very much a case of interpretation of the relevant wording in the contract, and such clauses would need to be analysed in detail. Secondly, according to general Luxembourg civil law principles, a force majeure event may be raised by a party responsible of having breached its contractual obligations in order to be discharged from its liability. According to Luxembourg case law, a force majeure event has to be (i) external to the liable party, (ii) unpredictable and (iii) irresistible.
    [Show full text]
  • Force Majeure and Climate Change: What Is the New Normal?
    Force majeure and Climate Change: What is the new normal? Jocelyn L. Knoll and Shannon L. Bjorklund1 INTRODUCTION ...........................................................................................................................2 I. THE SCIENCE OF CLIMATE CHANGE ..................................................................................4 II. FORCE MAJEURE: HISTORY AND DEVELOPMENT .........................................................8 III. FORCE MAJEURE IN CONTRACTS ...................................................................................11 A. Defining the Force Majeure Event. ..............................................................................12 B. Additional Contractual Requirements: External Causation, Unavoidability and Notice 15 C. Judicially-Imposed Requirements. ...............................................................................18 1. Foreseeability. .................................................................................................18 2. Ultimate (or external) causation.....................................................................21 D. The Effect of Successfully Invoking a Contractual Force Majeure Provision ............25 E. Force Majeure in the Absence of a Specific Contractual Provision. ...........................25 IV. FORCE MAJEURE PROVISIONS IN STANDARD FORM CONTRACTS AND MANDATORY PROVISIONS FOR GOVERNMENT CONTRACTS ......................................28 A. Standard Form Contracts .............................................................................................28
    [Show full text]
  • University of Glasgow, Glasgow, Scotland
    UNIVERSITY OF WISCONSIN EAU CLAIRE CENTER FOR INTERNATIONAL EDUCATION Study Abroad UNIVERSITY OF GLASGOW, GLASGOW, SCOTLAND 2020 Program Guide ABLE OF ONTENTS Sexual Harassment and “Lad Culture” in the T C UK ...................................................................... 12 Academics .............................................................. 5 Emergency Contacts ...................................... 13 Pre-departure Planning ..................................... 5 911 Equivalent in the UK ............................... 13 Graduate Courses ............................................. 5 Marijuana and other Illegal Drugs ................ 13 Credits and Course Load .................................. 5 Required Documents .......................................... 14 Registration at Glasgow .................................... 5 Visa ................................................................... 14 Class Attendance ............................................... 5 Why Can’t I fly through Ireland? ................... 14 Grades ................................................................. 6 Visas for Travel to Other Countries .............. 14 Glasgow & UWEC Transcripts ......................... 6 Packing Tips ........................................................ 14 UK Academic System ....................................... 6 Weather ............................................................ 14 Semester Students Service-Learning ............. 9 Clothing............................................................
    [Show full text]
  • THE PEOPLES and LANGUAGES of CHILE by DONALDD
    New Mexico Anthropologist Volume 5 | Issue 3 Article 2 9-1-1941 The eoplesP and Languages of Chile Donald Brand Follow this and additional works at: https://digitalrepository.unm.edu/nm_anthropologist Recommended Citation Brand, Donald. "The eP oples and Languages of Chile." New Mexico Anthropologist 5, 3 (1941): 72-93. https://digitalrepository.unm.edu/nm_anthropologist/vol5/iss3/2 This Article is brought to you for free and open access by the Anthropology at UNM Digital Repository. It has been accepted for inclusion in New Mexico Anthropologist by an authorized editor of UNM Digital Repository. For more information, please contact [email protected]. 72 NEW MEXICO ANTHROPOLOGIST THE PEOPLES AND LANGUAGES OF CHILE By DONALDD. BRAND This article initiates a series in which the writer will attempt to summarize the scattered and commonly contradictory material on the present ethnic and linguistic constituency of a number of Latin Ameri- can countries. It represents some personal investigations in the field and an examination of much of the pertinent literature. Chile has been a sovereign state since the War of Independence 1810-26. This state was founded upon a nuclear area west of the Andean crest and essentially between 240 and 460 South Latitude. Through the War of the Pacific with Bolivia and Perui in 1879-1883 and peaceful agreements with Argentina, Chile acquired her present extention from Arica to Tierra del Fuego. These northern and south- ern acquisitions added little to her population but introduced numerous small ethnic and linguistic groups. Chile has taken national censuses in 1835, 1843, 1854, 1865, 1875, 1885, 1895, 1907, 1920, 1930, and the most recent one in November of 1940.
    [Show full text]
  • International Mittee (Nonfund Raising) to Arrange for Tours and Visits to Agricultur Al, Forestry, and Fisheries Areas, and Private In­ Dustrial Plants
    June 1963 COMMERCIAL FISHERIES REVIEW 55 International mittee (nonfund raising) to arrange for tours and visits to agricultur al, forestry, and fisheries areas, and private in­ dustrial plants . A third is the Communications Subcommit­ F1SH MEAL tee to work on preconference publicity within the United States. The fourth is a Hospitality Subcommittee to meet incoming delegates and assist them during the Congress, PRODUCTION AND EXPORTS FOR SELECTED COUNTRIES, JANUARY 1963 : The World Food Congress is scheduled to open with the Member countries of the Fish Meal Exporters' Organiza­ usual Plenary Session and is divided into four Commissions: tion (FEO) account for about 90 perc ent of world exports of (1) Technical Commission; (2) Economic and Social Com­ fish meal. The FEO countries are Angola, Ic eland, N orway , mission; (3) Education and Research Commission; and (4) Peru, and South Africa/South-West Afric a. Commission for People's Involvement and Group Action, Production and Exports of Fish Meal by Member Countries Fisheries will be given consideration by each of those of the Fish Meal Exporters' Organization, January 1963 Commissions. One of the major items, for example, on the agenda for the Technical Commission will be "Nutritive January 1963 Jan.-Dec. 1962 Diets for Poorly Fed Peoples." This agenda item on nutri­ Country Produc - Ex- Produc - Ex- tion is further divided into: (1) Animal and poultry produc­ tion p orts tion ports tion; (2) Fisheries; and (3) Cultivation of legumes, fruits, and vegetables . • (Met r ic T ons) • . .. Guidelines given for the agenda subitem on fisheries are ~ng o la .. , .•.•.•• 2,596 2,893 32,758 32,558 as follows: Iceland 9,476 9,1 21 96,1 4 7 70,931 No rway : : : : : : : : : 3,659 8,187 120, 92 7 61,690 "The development of fishery resources and production Peru ......•..•• 145,659 147,236 1,1 20,796 1,065, 952 assumes a special significance in the context of increasing ~ o uth Africa (inc l.
    [Show full text]
  • The Diary of Heinrich Witt
    The Diary of Heinrich Witt Volume 9 Edited by Ulrich Mücke LEIDEN | BOSTON Ulrich Muecke - 9789004307247 Downloaded from Brill.com10/10/2021 05:09:24AM via free access [1] Volume IX. [2] Commenced in Lima, on the 26th April 1880, by Mr. Neat Ladd Residence in Lima. Thursday, 13th of March 1879. A few days back I lent Alejandro, of my own funds, S15,000, at 1% monthly, upon some ground in Miraflores, measuring 54,000 square varas, which some time ago he had bought from Domingo Porta. At 2 o’clock I went by the Oroya train to Callao; when there, accompanied by Mr. Higginson, to the store of Grace Brothers & Co., to purchase some duck, “lona”, which I required for the curtains, or “velas”, in my Chorrillos rancho, those which I had bought several years back, at the same time as the rancho itself, having become torn and useless; various samples were shewn me, however I made no purchase, because, as the salesman told me, of the quality best adapted, they had several bales aboard a vessel in the bay, from which they could not be landed for eight or ten days. Enriqueta was again ill with migraine, and kept her bed; neither did I go in the evening to the salita, where Garland played rocambor with his friends. Friday, 14th of March 1879. Ricardo read me an article from the Cologne Gazette which said that the plague which had committed great ravages mostly in the vicinity of Astrakhan, owed its origin to the clothes and other articles, which, torn off on the field of battle from half putrefied corpses, had been carried by the Cossacks to their homes on their return from the late Turco- Russian war.
    [Show full text]
  • COVID-19: Force Majeure and Contract Considerations for Buyers and Sellers
    COVID-19: Force Majeure and Contract Considerations for Buyers and Sellers On March 18, 2020, Robinson+Cole’s Taylor Shea and Jeff White participated in the Coronavirus Special Topics Conference Call hosted by the U.S. Department of Commerce. An overview of their presentation is below. FREQUENTLY ASKED QUESTIONS CHECKLIST What is a force majeure provision? If you are making a force majeure claim: + A force majeure provision is a clause in a contract that generally + Confirm that you have the right to claim a excuses a party for non-performance under a contract if the non- force majeure event has occurred under your performance is caused by an event that is outside the reasonable contract. control of the affected party. + Carefully consider what force majeure event What if my contract does not contain a force majeure provision? you will declare and how it is framed. + Typically, force majeure provisions are not read into contracts; + Be mindful of your mitigation obligations, and they must be expressly stated in a contract for an affected party document all of them. to be able to invoke. If your contract is silent, there may be other remedies an affected party can pursue (e.g., under the Uniform + Make sure you deliver notices in compliance Commercial Code or the common law). with your contract. Where is a force majeure provision found in a contract? + Do not favor one customer over another. + It can be anywhere, but will typically be found in the “boilerplate” If you receive a force majeure notice claim: language of a contract – which is basically the legal jargon at the + Confirm that the other party has a right to claim end of agreement.
    [Show full text]
  • Portland Daily Press: April 26,1892
    : PORTLAND DAILY ESTABLISHED JUNE 1862—VOL. 23, 30._ PORTLAND, MAINE, TUESDAY MORNING, APRIL 26, 1892. THIS MORNING'S NEWS. MISOEEEASTKOrS. the Chair The Speaker—“And will not covered by Capt. George Stacey. Tho HOT SHOT tRISP. assume that present do not Page X. FOR gentlemen DEATH THEIR REVENGE. fire broke out in tho room of tho vote.” upper General telegraphic news. Mr. Bontelle—°* course the dwelling house of Andrew Harrington, Weather indications. AYER’S Speaker is aware that the recognition of From here the fire extended to the stable The Odd Pillows’ celebration, motions and the supplementary intro- owned by Postmaster George Duley, gut- Page 2. duction of new business may, under par- Caused Walker’s Famous a The Man Who Caused Ravaehol’s Ar- ting the same, In its turn tho Third Union. Hair by Volley custom, raise new condi- taking Corps liamentary and then The Senate Votes to Continue the Vigor tion of For instance, under the store, the post office Maine towns. things. destroying Eestores hair for to a with its Export rebate. faded, thin, and gray Mugwumps. rule that oiio motion adjourn has been rest Killed by Bomb. contents. no other Few He Row Has. A handsome boat to its original color, texture, and made and decided motion to ad- Rights can be entertained until some OLD. The Maggie Ellen floated. abundance ; prevents it from falling journ oth- seventy-threeTears er been out, checks tendency to baldness, business has transacted, almost Page 3. in the nature of a motion lias and a new and MESSRS.
    [Show full text]
  • Application of Force Majeure Under English Law, New York Law and Russian Law (Comparative Analysis)
    Application of Force Majeure under English Law, New York Law and Russian Law (Comparative Analysis) April 29, 2020 The current COVID-19 pandemic has, among other issues, highlighted the role of force majeure in commercial contracts. Whether contractual parties are able to rely on the concept of force majeure as grounds to suspend performance of their respective obligations where the performance of relevant obligations has been impeded by a force majeure event, i.e. an unexpected event outside the parties' control (like the COVID-19 outbreak and related governmental emergency measures), will depend on the applicable law and relevant contract provision. In the table below we have briefly commented on the main questions related to application of force majeure under English, New York and Russian law, taking into account the existing COVID-19 situation. Austin Beijing Brussels Dallas Dubai Hong Kong Houston London Moscow New York Palo Alto Riyadh San Francisco Washington bakerbotts.com | Confidential | Copyright© 2020 Baker Botts L.L.P. No. Position under English Law Position under NY Law Position under Russian Law 1. May a party refer to a force majeure event as grounds to suspend performance / be exempt from liability for non- performance if the contract does not contain a force majeure clause? No. No. Generally, yes. There is no independent concept of Under NY law, the presence of an Russian law contains a general statutory rule that a force majeure under English law. A express force majeure clause covering party to a commercial contract may be released from party may only rely on force majeure relevant events in a contract is a liability for non-performance of its obligations if it if it is expressly provided for in a prerequisite for any claim of force proves that performance was impossible due to a contract.
    [Show full text]
  • Multi-Periodic Pulsations of a Stripped Red Giant Star in an Eclipsing Binary
    1 Multi-periodic pulsations of a stripped red giant star in an eclipsing binary Pierre F. L. Maxted1, Aldo M. Serenelli2, Andrea Miglio3, Thomas R. Marsh4, Ulrich Heber5, Vikram S. Dhillon6, Stuart Littlefair6, Chris Copperwheat7, Barry Smalley1, Elmé Breedt4, Veronika Schaffenroth5,8 1 Astrophysics Group, Keele University, Keele, Staffordshire, ST5 5BG, UK. 2 Instituto de Ciencias del Espacio (CSIC-IEEC), Facultad de Ciencias, Campus UAB, 08193, Bellaterra, Spain. 3 School of Physics and Astronomy, University of Birmingham, Edgbaston, Birmingham, B15 2TT, UK. 4 Department of Physics, University of Warwick, Coventry, CV4 7AL, UK. 5 Dr. Karl Remeis-Observatory & ECAP, Astronomical Institute, Friedrich-Alexander University Erlangen-Nuremberg, Sternwartstr. 7, 96049, Bamberg, Germany. 6 Department of Physics and Astronomy, University of Sheffield, Sheffield, S3 7RH, UK. 7Astrophysics Research Institute, Liverpool John Moores University, Twelve Quays House, Egerton Wharf, Birkenhead, Wirral, CH41 1LD, UK. 8Institute for Astro- and Particle Physics, University of Innsbruck, Technikerstrasse. 25/8, 6020 Innsbruck, Austria. Low mass white dwarfs are the remnants of disrupted red giant stars in binary millisecond pulsars1 and other exotic binary star systems2–4. Some low mass white dwarfs cool rapidly, while others stay bright for millions of years due to stable 2 fusion in thick surface hydrogen layers5. This dichotomy is not well understood so their potential use as independent clocks to test the spin-down ages of pulsars6,7 or as probes of the extreme environments in which low mass white dwarfs form8–10 cannot be fully exploited. Here we present precise mass and radius measurements for the precursor to a low mass white dwarf.
    [Show full text]
  • Construction Law Journal
    Construction Law Journal Summer 2021 Volume 17, Number 1 IN THIS ISSUE: ENGINEERING, PROCUREMENT, AND CONSTRUCTION CONTRACTS IN TEXAS: KEY PROVISIONS, ISSUES, AND PITFALLS THE FORCE MAJEURE DOCTRINE AND STANDARD CONSTRUCTION FORM CONTRACT PROVISIONS: REVISITING AN OLD CONTRACT PROVISION DURING THESE NEW UNCERTAIN TIMES FREEDOM OF CONTRACT AND ITS LIMITS: SELECTED ISSUES FOR THE CONSTRUCTION INDUSTRY CONSTRUCTION AHEAD, EXPECT DELAYS ON GOVERNMENTAL IMMUNITY Official Publication of the Construction Law Section of the State Bar of Texas • www.constructionlawsection.org CONSTRUCTION LAW JOURNAL BY: MATTHEW S.C. MOORE AND CORNELIUS F. "LEE" BANTA, JR.1 THE FORCE MAJEURE DOCTRINE AND STANDARD CONSTRUCTION FORM CONTRACT PROVISIONS: REVISITING AN OLD CONTRACT PROVISION DURING THESE NEW UNCERTAIN TIMES I. INTRODUCTION Committee (EJCDC), and Design-Build Institute of America (DBIA) through a COVID-19 lens and propose As we approach the first anniversary of the World Health modifications to balance the risks and exposures caused by Organization’s declaration of COVID-19 as a global COVID-19 or other pandemics. pandemic, its impact on local and global economies and our way of life cannot be ignored. The effects of COVID-19 to II. HISTORICAL BACKGROUND the construction industry are wide-reaching. Consequences The force majeure doctrine has its historical underpinnings on a project site include quarantines or other governmental in the British common law doctrine associated with restrictions resulting in impacts to the project workforce. frustration of purpose and impossibility of performance.2 Offsite impacts can cover a much broader scope of As one may recall from their 1L Contracts class, early issues implicating the various links of the supply chain British common law imposed absolute liability on parties relied upon by the construction industry.
    [Show full text]
  • April 6, 2020 the Information Contained Herein Is Not Legal Advice
    April 6, 2020 The information contained herein is not legal advice, is not to be acted on as such, and is subject to change without notice. FORCE MAJEURE AND OTHER ISSUES RELATED TO THE CORONAVIRUS (COVID-19) PANDEMIC FREQUENTLY ASKED QUESTIONS Table of Contents 1. Are force majeure clauses in contracts enforceable? ............................................................... 1 2. Will COVID-19 come within the definition of force majeure clauses in contracts? ...... 1 3. What are the consequences of invoking a force majeure clause? ................................. 2 4. What are the risks of invoking a force majeure clause? ................................................. 2 5. How are force majeure clauses construed? .................................................................... 2 6. If the contract is silent on force majeure, will it be implied into the contract given the exceptional circumstances surrounding COVID-19? ..................................... 5 7. Can force majeure be waived if not pled as an affirmative defense? ............................ 6 8. Is a force majeure affirmative defense the proper subject of a motion to strike? ....... 6 9. Can notice requirements for a force majeure event be waived given general knowledge of the force majeure event?........................................................................... 6 10. What are the implications of COVID-19 on discovery and related issues during litigation? ..........................................................................................................................
    [Show full text]