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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, 2015. All Rights Reserved.date: 21 October 2020

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 Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

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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