Acknowledgments; Preface; Chapter One Introduction: Necessity and Treaty Obligations; A. Necessity as a Historical Assertion of Sovereignty; B. The Interpretive Problem for Necessity Clauses in Specialized Treaties: Refocusing Law-Appliers' Analytical Lens; C. Rejecting a Baseline Definition of Necessity when Interpreting Necessity Clauses in Specialized Treaties: Narrow Agreement on Codification, Normative Explosion, and 'Systemic Integration'; D. Plan of Discussion and Research Methodology; Chapter Two The Doctrine of Necessity in Municipal and International Legal Orders.
A. Necessity in Municipal Legal Orders1. "Constitutional" Necessity; 1.1. "Constitutional necessity" in the Common Law: The United States; 1.2. "Constitutional necessity" in the Civil Law: Germany; 2. "Criminal Law" Necessity; B. Necessity in the International Legal Order; 1. Necessity in the Law of International Responsibility; 2. Necessity in International Criminal Law; 3. Necessity Clauses in Specialized Institutional Treaties; C. Difference and Deference: Analyzing Interactions between 'Municipal' Necessity and 'International' Necessity.
Chapter Three The Historical Genesis of Necessity Doctrine: A Conceptual DescriptiveA. Before International Law: Medieval "Necessity" in the Age of Religious Empire; B. 'Reason of State': 'Necessity' as the Right of the Sovereign; C. From "Reason of State" to "Self-Defence": Necessity as the State's Right to Self-Preservation; D. From "Right" to "Essential Interest": Necessity in ILC ASR Article 25 vis-à-vis Modern Treaties of International Law; E. Rethinking Necessity: Modern International Institutional Treaty Regimes as "Institutional Normative Order."
Chapter Four Substantive and Methodological Issues in Interpreting Necessity Clauses in Treaties: A ProposalA. Common Policy Objectives in Designing Necessity Clauses; B. Substantive Issues in Necessity Clauses; 1. Field of Application; 2. Semantic Content; 3. Compliance Consequences; C. Methodological Issues in Necessity Clauses; 1. Reviewability; 2. Selection of Interpretive Sources; Chapter Five Economic and National Security Emergencies: Necessity Clauses in International Investment Law and International Trade Law; A. 'Emergency' Typologies.
1. "Security" Emergencies: Indicators from Security Experts2. "Economic" Emergencies: Indicators from Economists; 3. "Security" Emergencies and "Economic" Emergencies in Classical International Law Jurisprudence on State Responsibility; B. Emergencies in International Investment Law vis-à-vis International Trade Law; 1. The Functions of "Broad" and "Narrow" Necessity Clauses: Surveys from the UNCTAD and the OECD; 2. Reviving "Necessity as Justification": The Argentine Cases at ICSID; 3. Applying the Chapter IV Proposal: Policy Objectives, Substantive and Methodological Issues for Law-Appliers.