the climate necessity defense
, an affirmative defense to criminal
(101) This stage provides a final opportunity for the plaintiff to rebut the defendant's job-related business necessity defense
by offering an alternative policy that could serve the business's legitimate interests without the same discriminatory impact.
does not per se preclude payment of compensation to
scope of the business necessity defense
in the context of criminal
2507, 2522 (2015) (increasing the burden on the plaintiff in bringing a prima facie case and expanding the defendant's ability to use the business necessity defense
through additional limitations.
(57) 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.
[T]he necessity defense
, notwithstanding its seemingly innocuous nature, articulates a profoundly revolutionary principle, both as a jurisprudential doctrine and as a vehicle for social change.
Prior to addressing these concerns, Part I aims to clarify the contextual background for the debate over the necessity defense
. It first describes Argentina's political and economic climate and the relevant facts of the Argentine Gas Cases.
Finally, Part V notes problems with other proposals, such as amending the statute to categorically exclude aid groups and allowing a necessity defense
for humanitarian aid.
Bailey that the Court explicitly discussed the contours of the necessity defense
and applied it to the facts at hand.
Canan, granting the defendants "noble motives," nonetheless ruled that he could find no rationale for allowing the international law or necessity defense