of necessity defenses
, but it does not prevent them from including
117) This test allows lenders to defend and explain the legitimate business purpose of a policy or practice, and again, loosens the requirements for asserting the business necessity defense
However, the above-mentioned condition would not operate as a requirement that must be demonstrated by the host State for the successful invocation of necessity clauses--which investor-State tribunals would always have to assess--but the issue could be raised by investors and preclude the success of the BIT necessity defense
According to the Court, the three prongs of a necessity defense
under Article 15--the existence of an emergency threatening the life of a nation, the measures taken being strictly required by the state of necessity, and the measures taken not being in violation of any other obligations under international law--were all met by the Republic of Ireland.
51) In other words, Argentina's necessity defense
consisted of two prongs: first, a defense under customary international law; and second, a defense under Article XI of the U.
The other is recognition of a necessity defense
to prosecutions under [section] 2339B.
Bailey that the Court explicitly discussed the contours of the necessity defense
and applied it to the facts at hand.
In the face of this evidence, the Court concludes that defendant has failed to prove its lack of medical necessity defense
by a preponderance of evidence.
Canan, granting the defendants "noble motives," nonetheless ruled that he could find no rationale for allowing the international law or necessity defense
Shoemaker, and other cases to reassert that the necessity defense
14) The possibility that prosecutors--or their superiors--would use their discretion not to pursue criminal cases risks moving us from the sometimes formless necessity defense
to an entirely ad hoc and unreviewable approach little different from the status quo.
The Court thus upheld the reach of the federal law, although it explicitly noted that it was not reaching a possible medical necessity defense