state may exercise the necessity defense
under CIL, as articulated in
One commentator, in an interesting and important analysis, has urged that courts recognize a necessity defense
for humanitarian aid agencies that might be prosecuted under [section] 2339B.
31) The Court first noted that it is an "open question whether federal courts ever have authority to recognize a necessity defense
not provided by stature.
2009) (describing business necessity defense
and recent congressional
64) Those who advocate the use of the necessity defense
in legal proceedings seem closer to the second position, although opting for the necessity defense
puts one on the edge of formal law.
Finally, the necessity defense
was recently claimed by Guinea in a case before the International Tribunal for the Law of the Sea.
Can the ESA support a necessity defense
for the otherwise illegal taking of endangered and threatened species?
3) I do not mean to suggest that the application of the necessity defense
is always as straightforward as this; for a discussion of some cases that are decidedly more problematic, see L.
Instead, it applied a modified business necessity defense
analysis that two other courts of appeals had considered to be the appropriate analytical framework for evaluating the propriety of fetal protection policies.
The Committee is concerned that GSS interrogators who use physical pressure in 'ticking bomb' cases may not be criminally responsible if they resort to the necessity defense
She presents five chapters that describe the evolution of the arbitration system; survey the forty-three ICSID cases concluded to date with findings against Latin American states, as well as those that have been dismissed on jurisdictional grounds; provide analysis of the provisions regarding non-precluded measures, the state of necessity defense
, and state liability for harm sustained by investors in exceptional circumstances; and offer guidance to government officials managing investment treaty obligations and investor-state disputes on diminishing the likelihood of claims and properly managing claims that are submitted to arbitration.
He also ruled that they could not use a necessity defense
because they did not show, as they contended, that the prayer meeting could have the tangible, immediate effect of saving the lives of Iraqi civilians or U.