Resumo

VINUALES, Jorge E.. ENVIRONMENTAL QUESTIONS AND THE CONCEPT OF STATE OF NECESSITY. Vniversitas [online]. 2009, n.119, pp.223-250. ISSN 0041-9060.

The article explores the incidence of environmental considerations on the understanding of the concept of state of necessity in international law. This incidence is analyzed from two perspectives, namely that of a State invoking an "ecological necessity" to justify its acts in breach of an international obligation and that of a State whose environmental interests have been impaired by the acts that the other State seeks to justify through necessity. The analysis suggests that the interpretation of the conditions for the admission of the necessity defense depends upon the type of interest, in this case environmental considerations, that the State invoking necessity seeks to preserve.

Palavras-chave : Ecological Necessity; Aerial Herbicide Spraying; Gabcikovo- Nagymaros; International Environmental Law.

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