Reconceptualizing "Force Majeure" and "Change in Law" in the Era of Climate Adaptation

Abstract

Climate change has fundamentally altered the risk landscape of infrastructure and commercial contracts, challenging the traditional interpretation of force majeure and change in law clauses. Increasingly frequent extreme weather events, evolving climate adaptation policies, carbon regulation, and environmental compliance measures have blurred the distinction between unforeseeable natural events and foreseeable regulatory interventions. This article critically examines whether conventional contractual doctrines remain adequate to allocate climate-related risks in modern legal and commercial practice. Adopting a qualitative doctrinal research methodology based exclusively on secondary sources, including legislation, judicial decisions, scholarly literature, and international legal instruments, the study evaluates the evolving legal treatment of climate-induced disruptions and regulatory changes. It argues that existing contractual frameworks require reconceptualization to reflect the realities of climate adaptation, emphasizing greater contractual flexibility, dynamic risk allocation, and resilience-oriented drafting. The study further proposes an integrated interpretative approach that harmonizes private contractual autonomy with emerging public law obligations arising from climate governance. By redefining the boundaries between force majeure and change in law, the article contributes to the development of climate-responsive contract law capable of enhancing legal certainty, commercial stability, and long-term infrastructure resilience in an era of accelerating environmental change.