were to invoke the defense of necessity
in such a case, such a claim
("Given the Supreme Court's conclusion that the common law defense of necessity
remains controversial and cannot override a value judgment already determined by the legislature, the common law doctrine of necessity provides little support to the Alliance's proposed right.").
In this case, Germany's interest in maintaining its security and integrity was seen as essential enough to merit a defense of necessity
. (37) Indeed, until the late twentieth century, national security was seen as the only state interest essential enough to merit a valid necessity defense.
547, 551-57 (2007) (providing examples of various international disputes in which the defense of necessity
has been invoked in military and environmental situations, in addition to economic situations).
(14) The claimant relied on the defense of necessity
, arguing that based on unexpected inclement weather, he was forced to port in the West Indies to protect the cargo and the lives of the crew.
He said that people should pursue popular action against Israel, and that if they find themselves in court after entering offices or wherever, then they could utilize the defense of necessity
and argue that they were doing it for the greater good.
(21) However, the Supreme Court recently affirmed that where a statute expressly provides for exceptions to the law, unless the necessity defense is included in those express exceptions the defense of necessity
fails, (22) suggesting a shift in federal jurisprudence.