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1. Necessity may not be invoked by a State as a ground for precluding the wrongfulness of an act not in conformity with an international obligation of that State unless the act: (a) is the only way for the State to safeguard an essential interest against a grave and imminent peril; and
Competing harms, also known as necessity defense or lesser harm, is a legal doctrine in certain U.S. states, particularly in New England.For example, the Maine Criminal Code holds that "Conduct that the person believes to be necessary to avoid imminent physical harm to that person or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary ...
The other element is state practice, which is more objective as it is readily discernible. To qualify as state practice, the acts must be consistent and general international practice. A situation where opinio juris would be feasible is a case concerning self-defense. A condition must be met where the usage of force is limited to the situation ...
In philosophy, Occam's razor (also spelled Ockham's razor or Ocham's razor; Latin: novacula Occami) is the problem-solving principle that recommends searching for explanations constructed with the smallest possible set of elements.
Schmitt introduced the concept of “state of emergency” in his 1921 essay On Dictatorship, influenced by what he saw as the weakness of the Weimar Constitution and the necessity of a strong ruler. In his later essay Political Theology he defined political sovereignty as, essentially, the ability to ignore the law, and that this was necessary ...
Withering away of the state is a Marxist concept coined by Friedrich Engels referring to the idea that, with the realization of socialism, the worker's state will eventually become obsolete and cease to exist as society will be able to govern itself without the state and its coercive enforcement of the law.
In the period of the eighteenth century, usually called the Enlightenment, a new justification of the European state developed.Jean-Jacques Rousseau's social contract theory states that governments draw their power from the governed, its 'sovereign' people (usually a certain ethnic group, and the state's limits are legitimated theoretically as that people's lands, although that is often not ...
A state of necessity may refer to: Canon 1324; Doctrine of necessity; Military necessity; Necessity (criminal law) Necessity (tort) State of exception