A state of necessity: international legal obligations in times of crises

Kent, Avidan and Harrington, Alexandra (2012) A state of necessity: international legal obligations in times of crises. Canadian Review of American Studies, 42 (1). pp. 65-81. ISSN 0007-7720

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The purpose of the necessity doctrine is to assist countries in dealing with crises. The necessity doctrine allows, under certain conditions, a State to breach its international obligations in order to cope with the crisis it faces. The conditions of the necessity doctrine have been, and continue to be, clarified by international bodies such as the International Law Commission, and adjudicative tribunals such as the International Court of Justice. In recent years, the necessity doctrine has been the center of several international investment law cases, mainly following Argentina's financial crisis. The application of the doctrine's conditions by some of these tribunals has not been uniform, and has been criticized by academics and practitioners. This article provides an overview of the necessity doctrine and asks whether it can be used to justify measures concerning some of the near future's most urgent challenges.

Item Type: Article
Faculty \ School: Faculty of Social Sciences > School of Law
UEA Research Groups: Faculty of Social Sciences > Research Groups > International Law
University of East Anglia Schools > Faculty of Science > Tyndall Centre for Climate Change Research
Faculty of Science > Research Centres > Tyndall Centre for Climate Change Research
Depositing User: Pure Connector
Date Deposited: 16 Jan 2015 14:54
Last Modified: 31 Aug 2023 13:30
URI: https://ueaeprints.uea.ac.uk/id/eprint/50875
DOI: 10.3138/cras.42.1.65

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