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1997: Cecilia Herold et al. v. Pacifica

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Chapter Summary

The objective of the bench memorandum is to ensure that the state concerned has the opportunity to resolve the matter through its own legal framework. First, a particular right may be derogated from only if it is necessary; the &t;necessity-standard&t; is satisfied when there are no less drastic state actions available. Second, derogations from rights are permitted only to the extent strictly required by the exigencies of the situation. Third, the &t;temporality-standard&t; under the Convention stipulates that a suspension is valid only for the time strictly required. Fourth, the Convention also specifies that derogation measures may not be imposed in a manner that discriminates on the grounds of race, color, sex, language, religion or social origin. Finally, Article 27 forbids derogations that are inconsistent with other international obligations binding upon the derogating State. .

Keywords: bench memorandum; convention; derogations; legal framework; necessity-standard

10.1163/ej.9789004162594.1-970.39
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