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Max Planck Encyclopedia of Public International Law [MPEPIL]

Necessity, State of

Attila Tanzi

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedias of International Law [MPIL]

Module:
Max Planck Encyclopedia of Public International Law [MPEPIL]
Article last updated:
February 2013

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 January 2021

Subject(s):
General principles of international law — Circumstances precluding wrongfulness — Ultra Vires conduct — Responsibility of states — Remedies

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1State 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. 2The issue of necessity arises within the framework of the ‘secondary rules’ of State responsibility, as a circumstance precluding the wrongfulness of a conduct in breach of an international obligation. Scholarly debate arose as to the possibility of identifying,...
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