were to invoke the defense of necessity
in such a case, such a claim
In this case, Germany's interest in maintaining its security and integrity was seen as essential enough to merit a defense of necessity
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.
It is strict, like that of the ICJ in the sense that the defense of necessity
is not available to States even when they face crises of significance, but does not leave States to bear all the risk of such proven crises.
148) Where the legislature, in enacting a law, already anticipated and weighed or balanced the harms, the defense of necessity
A defense of necessity
is sometimes allowed in criminal cases where circumstances may sometimes justify otherwise criminal conduct.