Framing Climate Change as a Contractual Risk: Rethinking Force Majeure Clauses Amid Constant Uncertainties

Framing Climate Change as a Contractual Risk: Rethinking Force Majeure Clauses Amid Constant Uncertainties “The only thing that is constant is change” - Heraclitus The relevance of this adage is more pronounced today than ever, as climate change and its severe impacts are no longer distant or abstract concerns. Countries have been facing irreversible adversities due to climate change. Recent data indicate that Indonesia recorded temperatures reaching 38.4°C in October 2024 and faced 6,827 climate-related disasters between 2023 and 2024, affecting more than 13 million people. Inevitably, events of this scale create substantial obstacles for private parties in performing and fulfilling their contractual...

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