RE: Embarrassment of Leftist Campaign5 Mar 2018 07:43
At last a competent journalist with a firm grasp of the issues has pointed out the entirely contradictory nature of the government�s position:
�Minister of Industry and Trade Tom� H�ner sent an Australian company, European Metals Holdings, a memorandum of lithium mining at C�novka. He stated that the memorandum's notice had the form of a declaration of invalidity.
Such a move is an extremely embarrassing conclusion to the leftist election campaign, which made a major topic of the Memorandum of Understanding (which the Czech Republic concluded with the aforementioned Australian Society in October 2017).
Legally unforgivable will
If we study the text of the memorandum of understanding that is often discussed, we find that it is a standard document of this type. That is, expressing the will to act together in the future.
It is used in cases where the parties do not want to make legal commitments and do not want to conclude a legally enforceable agreement.
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This is a more formal form of the so-called gentlemen's agreement, an informal and non-binding agreement between the parties that does not even have to be expressed in words. It can only be a common understanding resulting from conventions or labels. Its non-binding nature differs from the contract in the legal sense.
The fact that Memoranda of Understanding are not legally binding results also from their texts, which do not contain any enforceable obligations of the parties. And so is the case with the Lithuanian Memorandum of Understanding on the Cindans.
The Czech Republic and the Australian Society consistently state that they will support the exploration of new lithium ores and promote their mining and processing, promote the production of finished products, promote cooperation,
They also declare that they want to discuss and explore future cooperation on lithium mining. Nothing more is contained in the memorandum, as it can easily be verified .
What would Madoff not steal
The current Prime Minister Andrej Babi�, before the elections in the autumn of 2017, called this memorandum "theft of the CSSD on a White Day" and in this spirit led the pre-election campaign.
Together with some Communist MPs, he claimed that the Czech Republic is subject to international arbitration. For these reasons, he requested the revocation of the memorandum, which he also declared invalid.
At the end of January 2018, however, Andrei Babi� came up with a modified claim that the memorandum was meaningless and invalid, with no possible litigation or arbitrage on the part of Australian society. At the same time, however, the government had the duty of minister H�ner to negotiate the legal non-binding nature of the document.
All the above contradictory and often senseless statements prove that the lithium memorandum case was