Comparative Study on Necessity and Essential Security Exception Clauses under the Field of International Investments
Journal: Lecture Notes in Education Psychology and Public Media
Year: 2025

As global economic integration intensifies and transnational investment conflicts proliferate, host states often face difficulties in protecting public interests in crises. This Article compares the two major defenses commonly used by host states-Necessity in customary international law and the Essential Security Exception Clause (ESEC) in Investment treaties. Necessity demonstrates an extremely low success rate in practice, attributable to its stringent substantive requirements and onerous evid