{UAH} Museveni's MoU is not decisive neither binding even under international law
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1:43 PM |
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Not even under Buganda norms and law.
This is abuse of office. Museveni signed as an individual, not the office. The instruments of Govt were not even used! He should be impeached for the violation of Uganda's laws over and over again..
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A memorandum of understanding (MoU) is a document describing a bilateral or multilateral agreement between two or more parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used in cases where parties either do not imply a legal commitment or in situations where the parties cannot create a legally enforceable agreement. It is a more formal alternative to a gentlemen's agreement.
Whether or not a document constitutes a binding contract depends only on the presence or absence of well-defined legal elements in the text proper of the document (the so-called "four corners"). The required elements are: offer, consideration, intention (consensus ad idem), and acceptance. The specifics can differ slightly depending on whether the contract is for goods (falls under the Uniform Commercial Code [UCC]) or services (falls under the common law of the state).
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In private U.S. law, MoU is a common synonym for a letter of intent.
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In international relations, MoUs fall under the broad category of treaties and should be registered in the United Nations treaty database. In practice and in spite of the United Nations' Legal Section insistence that registration be done to avoid 'secret diplomacy,' MoUs are sometimes kept confidential. As a matter of law, the title of MoU does not necessarily mean the document is binding or not binding under international law. To determine whether or not a particular MoU is meant to be a legally binding document (i.e. a treaty), one needs to examine the intent of the parties as well as the position of the signatories (e.g. Minister of Foreign Affairs vs Minister of Environment). A careful analysis of the wording will also clarify the exact nature of the document. The International Court of Justice has provided some insight into the determination of the legal status of a document in the landmark case of Qatar v. Bahrain, 1 July 1994
http://www.icj-cij.org/docket/index.php...
-4 | International Court of Justice
www.icj-cij.org
In Museveni's MoU, it is not decisive, neither binding. And we most Baganda dissent. Ekirala bino bye biki mu mpisa zaffe Abaganda namateeka gaffe? Temubuzabuuza Bantu baffe. We dissent and that is the truth. Byoya bya nswa.
This is abuse of office. Museveni signed as an individual, not the office. The instruments of Govt were not even used! He should be impeached for the violation of Uganda's laws over and over again..
Quote
A memorandum of understanding (MoU) is a document describing a bilateral or multilateral agreement between two or more parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used in cases where parties either do not imply a legal commitment or in situations where the parties cannot create a legally enforceable agreement. It is a more formal alternative to a gentlemen's agreement.
Whether or not a document constitutes a binding contract depends only on the presence or absence of well-defined legal elements in the text proper of the document (the so-called "four corners"). The required elements are: offer, consideration, intention (consensus ad idem), and acceptance. The specifics can differ slightly depending on whether the contract is for goods (falls under the Uniform Commercial Code [UCC]) or services (falls under the common law of the state).
Quote
In private U.S. law, MoU is a common synonym for a letter of intent.
Quote
In international relations, MoUs fall under the broad category of treaties and should be registered in the United Nations treaty database. In practice and in spite of the United Nations' Legal Section insistence that registration be done to avoid 'secret diplomacy,' MoUs are sometimes kept confidential. As a matter of law, the title of MoU does not necessarily mean the document is binding or not binding under international law. To determine whether or not a particular MoU is meant to be a legally binding document (i.e. a treaty), one needs to examine the intent of the parties as well as the position of the signatories (e.g. Minister of Foreign Affairs vs Minister of Environment). A careful analysis of the wording will also clarify the exact nature of the document. The International Court of Justice has provided some insight into the determination of the legal status of a document in the landmark case of Qatar v. Bahrain, 1 July 1994
http://www.icj-cij.org/docket/index.php...
-4 | International Court of Justice
www.icj-cij.org
In Museveni's MoU, it is not decisive, neither binding. And we most Baganda dissent. Ekirala bino bye biki mu mpisa zaffe Abaganda namateeka gaffe? Temubuzabuuza Bantu baffe. We dissent and that is the truth. Byoya bya nswa.
Rev. Jessica
"Have I not commanded you? Be strong and courageous.
Do not be afraid; do not be discouraged, for the LORD your God will be with you wherever you go." (Joshua 1:9)
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