Necessity and National Emergency ClausesDiane A. Desierto
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"Diane Desierto's new book, Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation, critiques the ILC's effort to codify the international law of state necessity, arguing that the ILC's formulation should be given little weight as a restatement of customary international law. Tracing the history of necessity over the centuries, Desierto shows that the classical conception of necessity as a sovereign right to self-preservation evolved significantly from Machiavelli to Grotius to Schmitt and beyond...While these insights regarding the context-sensitive character of necessity defenses might seem modest on first impression, Desierto shows that they have far-reaching implications, calling into question some recent arbitral decisions on economic emergencies and challenging scholarly efforts to defend torture and humanitarian intervention based on appeals to necessity...By clarifying how law-appliers should go about evaluating state necessity defenses, Desierto's study also offers broader insights for international legal theory. Desierto's fine-grained analysis in Necessity and National Emergency Clauses offers an invaluable model for how law-appliers should go about answering this question [whether the applicable treaty regime authorizes emergency measures in a given context].“ - American Society of International Law Cables, Evan Criddle, Syracuse University College of Law Associate Professor ”This volume offers a very comprehensive analysis of the necessity doctrine and national emergency clauses in relation to treaty compliance. Desierto's insights should form a baseline for future analysis of the interpretation of the necessity doctrine in international law. This work is undoubtedly a step forward, and an original contribution as it provides interpretive answers to treaty controversies related to the doctrine of necessity." -Revue quebecoise de droit international, Georgios Andriotis, Research Associate and LL.B. Candidate at Universite de Montreal, Faculty of Law