Issue 2 Clause Samples

Issue 2. Section 2501 imposes a tax for each calendar year on the transfer of property by gift by any individual. Section 2511(a) provides that subject to limitations contained in chapter 12, the tax imposed by section 2501 shall apply whether the transfer is in trust or otherwise, whether the gift is direct or indirect, and whether the property is real or personal, tangible or intangible.

Issue 2. Whether BPA should examine whether the COUs that sign the Settlement have the authority to perform in accordance with its terms. 39

Issue 2. 7.6 Parties’ Positions

Issue 2. Whether BPA should pay PF-02 Refund Amounts directly to Lost River Electric Cooperative and Salmon River Electric Cooperative and pay PF-02 Refund Amounts for all other PNGC members to PNGC for redistribution to its members. 50

Issue 2. Whether BPA should propose amending the Settlement to allow additional entities to sign the Settlement. 48

Issue 2. Whether the Settlement is unsound because the DSIs were not involved in all of the negotiations leading up to the proposed Settlement. 36

Issue 2. Whether the First Defendant is vicariously liable for the actions of the Second Defendant

Issue 2. Unlo king the onjun tion of predi ates de ▇▇▇ on a produ t def def ι∈I def

Issue 2. The Role of Soft Law for the Clarification of “Fault” and the Industry-Led Initiatives in Developing ADR Guidelines This section will discuss how soft law instruments can contribute to the clarification of the notion of “fault” and underline the need to develop safety guidelines and standards for ADR missions from a legal perspective. As mentioned in Chapter 2, the ambiguity of the concept of “fault” regard- ing the determination of liability for damage caused in outer space may cre- ate legal uncertainty and thus disincentivise States from undertaking ADR activities. To overcome this hurdle, an ideal solution would be for States Parties to the Liability Convention to develop a protocol specifying what “fault” means for the attribution of liability for damage caused by space objects in space. However, considering that the last of the five UN space treaties was adopted over four decades ago, it appears that the adoption of new space treaties is not a feasible option in the near future. Therefore, the most plausible method to clarify the notion of “fault” lies in the adoption of soft law instruments. The previous section has addressed several environ- mentally relevant instruments for outer space activities, and Section 2.1 will use these instruments as examples to discuss how soft law instruments may contribute to the clarification of the notion of “fault”. The previous section also notes that while the space debris mitigation guidelines and the COPUOS LTS Guidelines are relevant to ADR activities, they do not provide clear guidance on how ADR activities should be carried out safely in furthering the long-term sustainability of outer space activi- ties. In the absence of clear guidance, the determination of “fault” may be difficult when an ADR operation causes damage to space objects of third parties. Therefore, it would be useful for the international community to develop specific guidelines and standards for the design and operation of ADR missions. This standardisation would not only contribute to enhanc- ing the safety of ADR operations but also specify a standard of care against which fault could be assessed when, for instance, a removal spacecraft accidentally causes damage in outer space. Currently, States have not yet adopted international guidelines for ADR operations like the COPUOS Space Debris Mitigation Guidelines and COPUSO LTS Guidelines. In the meantime, the commercial space industry has formed associations and working groups that are develo...