JEAIL > Volume 18(1); 2025 > Issue Focus
Research Paper
Published online: May 30, 2025
DOI: http://dx.doi.org/10.14330/jeail.2025.18.1.01

Navigating Force Majeure in Offshore Wind Energy Projects: Drawn from the CISG, the Taiwanese Law, and the Principle of Contractual Freedom

Tsung-Sheng Liao
National Chung Cheng University
Department of Law, #168, University Rd., Min Hsiung Township, Chiayi County, Taiwan 62102.
Correspondence to: lawtsl@ccu.edu.tw

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/liceInha University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The development of offshore wind energy plays a pivotal role in Taiwan’s transition to a low carbon economy. To secure the profits of substantial investments in offshore wind energy, long-term contracts are essential. However, supervening incidents could halt, damage, or destroy offshore wind projects. Force majeure clauses serve as a preventive mechanism to address these unforeseen risks. Despite their significance, contract drafters often overlook the importance of force majeure clauses. This article contends that offshore wind developers and the Taiwanese government should collaborate as partners to carefully draft force majeure clauses in offshore wind contracts, ensuring proper allocation of unforeseen risks. By examining the concept of force majeure under the CISG and Taiwanese law, this article proposes fundamental elements and a model clause for force majeure in offshore wind contracts.

Keywords : Force Majeure, Offshore Wind Energy, CISG, Principle of Contractual Freedom, Taiwanese Law

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