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What is the doctrine of effectiveness? How does it relate to- and defer from thedoctrine of necessity?

Question

What is the doctrine of effectiveness? How does it relate to- and defer from the doctrine of necessity?

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Solution

The Doctrine of Effectiveness is a principle in international law that suggests that a treaty should be interpreted in a way that gives its provisions full effect. This means that when there is ambiguity in the interpretation of a treaty, the interpretation that allows the treaty to have the most impact or effect is preferred.

On the other hand, the Doctrine of Necessity is a principle that allows a state to take measures that are not normally permissible under international law in order to safeguard an essential interest against a grave and imminent peril. This doctrine is often invoked in situations of extreme emergency, such as war or economic crisis.

The relationship between the two doctrines lies in their application to international law and treaty interpretation. Both doctrines aim to ensure that the actions of states are in line with the overall objectives of the treaty in question. However, they differ in their application. The Doctrine of Effectiveness is used in the interpretation of treaties to ensure that they are applied in a way that maximises their impact, while the Doctrine of Necessity is used to justify actions that would otherwise be in breach of international law in situations of extreme emergency.

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