1 State of necessity reflects an international customary rule according to which a factual situation of grave and imminent peril for the essential interests of a State would legally justify a breach of an international obligation by such State as the only means to safeguard such essential interests. 2 The institution under consideration pertains to the body of ‘secondary rules’ of State responsibility, as a circumstance precluding wrongfulness (Circumstances Precluding Wrongfulness). Scholarly debate arose as to the possibility of identifying, besides force...
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