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The International Law Commission abstained from expressing an opinion on whether…
Article 59 of the Draft Articles on State Responsibility indicates that the provisions…
‘[…] international customary law, through the excuse of necessity, can, as such,…
However, even if the plea of necessity may be invokable for forcible measures, some…
As indicated in Article 26 of the Draft Articles on State Responsibility, the wrongfulness…
‘[…] incursions into foreign territory to forestall harmful operations by an armed…
Both limited and aggressive uses of force are prohibited under the Charter regime,…
In the literature, the legality of forcible measures in necessity has been discussed…
Some international lawyers believe that Article 51 of the United Nations Charter…
As the protection of a civilian population in certain circumstances may qualify as…
‘[…] it may be predicted that the [International] Court [of Justice] would rather…
This statement reflects the separation between primary and secondary rules. Accordingly,…
The last doctrine addressed by some international lawyers in the context of necessity…
These discussions are important to see that the existing architecture of the law…
