ADDRESSING THE IMPACTS OF THE COVID-19 PANDEMIC ON PUBLIC PRIVATE PARTNERSHIP (PPP) CONTRACTS

George Nwangwu

INTRODUCTION

The Covid-19 pandemic has significantly impacted the health and economy of the world. The pandemic has also frustrated the execution of public-private partnership (PPP) projects across the world, with economic and legal consequences for contracting parties. The impacts of the pandemic have, and may continue to, result in uncertainties and even project failures. PPPs are underpinned by long term contracts which should ordinarily determine the rights, obligations and remedies arising out of the impact of the pandemic. However, the legal outcomes are never always certain or determinable and might not augur well for any of the parties. This article examines legal and contractual tools for managing uncertainties and risks arising from the pandemic. It suggests that, as much as possible, parties should rely on extra-contractual arrangements to resolve the issues that are likely to arise out of the pandemic. This article discusses the possible legal outcomes of the pandemic on PPP arrangements and suggests creative ways of mitigating its impacts.

Keywords: Covid-19, Pandemic, Risk, Public-Private Partnerships, Contracts

DOI: https://dx.doi.org/10.4314/jsdlp.v12i2.9

George Nwangwu, LLB. Lagos; LLM. London; MBA Oxford, PhD. Hull. Research Fellow, African Procurement Law Unit, Department of Mercantile Law, Stellenbosch University, South Africa and Honorary Senior Research Associate, The Bartlett School of Construction & Project Management, University College London, London, United Kingdom. gnwangwu@gmail.com

ENSURING UNIVERSAL ACCESS TO MODERN ENERGY SERVICES IN TIMES OF PANDEMIC RELATED DISRUPTIONS: LEGAL CHALLENGES AND POTENTIAL RESPONSES

Damilola Olawuyi 1

Victoria R. Nalule 2

INTRODUCTION

The significant disruptions to global energy markets across the world, in light of the COVID-19 pandemic, has shown that without robust law and governance frameworks to mitigate and manage pandemic-related disruptions to energy supply, global efforts to achieve the United Nations Sustainable Development Goals may be stifled. This article examines legal and governance aspects of designing and implementing disaster risk reduction and resilience (DRRR) frameworks to ensure the security of energy supply in times of pandemic related disruptions. Various legal and institutional challenges that arise with extant DRRR frameworks, such as weak conceptualization of pandemic related risks in extant legislation; preexisting patterns of uneven energy access; gaps in data collection and sharing with respect to pandemic risks; inadequate crosssectoral coordination amongst institutional actors, and resource limitations are examined in order to identify the ways in which an integrative legal framework on disaster management and resilience planning can help close these gaps. The study suggests that clear and comprehensive legislation that recalibrate the scope of energy disruptions and improves data collection and cross-sectoral knowledge sharing by relevant institutional actors are significant steps towards protecting the integrity and resilience of modern energy systems in times of disruptive events such as pandemics.

Keywords: COVID-19 pandemic; Disaster; Resilience; Sustainable Development; Multi-Level Governance; Energy Security.

DOI: https://dx.doi.org/10.4314/jsdlp.v12i1.3

1 Damilola Olawuyi, SAN, Professor of Law at HBKU and Director of the Institute for Oil, Gas, Energy, Environment and Sustainable Development (OGEES Institute), Afe Babalola University, Nigeria. Email, dolawuyi@hbku.edu.qa

2 Victoria Nalule is a holder of a PhD in International Energy Law from the University of Dundee, UK. She is a Senior Fellow at OGEES; and visiting lecturer at East African University. She is also the Executive Director of the African Energy and Minerals Management Initiative (AEMI); and CEO of Nalule Energy and Minerals Consultants. Email, v.nalule@nemenergyco.com