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Max Planck Encyclopedia of Public International Law [MPEPIL]

Necessity, State of

Attila Tanzi

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 September 2021

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

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). 

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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