文章基本信息

标题：NECESSITY AS A GROUND FOR PRECLUDING WRONGFULNESS IN INTERNATIONAL INVESTMENT LAW
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作者：Mirko Vasiljević ; Marko Jovanović
期刊名称：Anali Pravnog Fakulteta u Beogradu
印刷版ISSN：0003-2565
电子版ISSN：2406-2693
出版年度：2016
卷号：64
期号：3
页码：5-24
语种：English
出版社：University of Belgrade, Faculty of Law, Belgrade, Serbia
摘要：The issue of necessity as a ground for precluding wrongfulness has received close attention over the last two decades both in case law and in scholarly writings.Arbitrations conducted against Argentina for breaches of bilateral investment treaty obligations committed while fighting against economic crisis revived the old controversies related to the concept of necessity in general public international law,but also brought up some new dilemmas.This paper analyses the use of necessity in international investment law in light of what the authors suggest to be the legal purpose of this concept,points to and discusses the divergences in case law with respect to some of the elements of the defence based on necessity and offers the solutions susceptible to lead to a more harmonious understanding of necessity in international investment law.
关键词：Necessity.;International Investment Law.;Ecological Emergency.;Economic Emergency.;Bilateral Investment Treaties.