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3.4. Customary Necessity Defence versus Treaty Emergency Clauses
The customary law of State responsibility activates when an international obligation…
The issue mentioned above generally appears in foreign investment law. Although both…
Article XI…
This Treaty shall not preclude the application by either Party of measures necessary…
In several cases, arbitration bodies arrived at contradictory conclusions analysing…
In conclusion, in cases where a treaty itself regulates the necessity situation without…
3.3. The Role of Necessity among Circumstances Precluding Wrongfulness
3.5. Necessity: Justification or Excuse?
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