Reasons of Necessity for the Protection of National Interests and Internationally Protected Interests

Abstract

...According to international practice, an international rule is accepted by a State only under the (tacit) reservation that it will not be applied in situations of extreme necessity. This creates a clause of tacit reservation, a safeguard clause, or an exception that operates as an extension to all those explicitly put forth. The above was confirmed in1997 by The International Court of Justice in the Gabcíkovo– Nagymaros case (1997, para. 51): “the state of necessity is a ground recognized by customary international law for precluding the wrongfulness of an act”...