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The Law of International Responsibility edited by Crawford, James; Pellet, Alain; Olleson, Simon; Parlett (Assistant), Kate (20th May 2010)

Part III The Sources of International Responsibility, Ch.33.7 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Necessity

Sarah Heathcote

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett (Assistant)

Necessity, previously called ‘state of necessity’ by the ILC, refers to situations where the sole means by which a State, or possibly the international community as a whole, can safeguard an essential interest threatened by a grave and imminent peril, is temporarily not to respect an international obligation protecting an interest of lesser value. 1 The interest being thus protected might be one of the State alone, or perhaps, one of the international community as a whole. 2 Elevating necessity to the rank of a circumstance precluding wrongfulness, a State, or...
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