A Necessary Look at Necessity Jurisdiction

(2014) 47:1 UBC Law Review 211-273

65 Pages Posted: 10 Sep 2014 Last revised: 6 May 2015

See all articles by Chilenye Nwapi

Chilenye Nwapi

University of British Columbia Faculty of Law; University of Calgary

Date Written: January 1, 2014

Abstract

While the doctrine of necessity jurisdiction is relatively new globally, it is fast garnering academic, legislative, and judicial acceptance. However, its exact nature and appropriate scope of application occupy a fringe position in both jurisprudence and literature. This article is an attempt to explore the nature and scope of the doctrine with a view to suggesting appropriate limits to its application. It explores the doctrines legislative and jurisprudential development in Canada as well as its international validity.

Keywords: Necessity Jurisdiction; Forum Necessitatis; Emergency Jurisdiction; Access to Justice

Suggested Citation

Nwapi, Chilenye and Nwapi, Chilenye, A Necessary Look at Necessity Jurisdiction (January 1, 2014). (2014) 47:1 UBC Law Review 211-273, Available at SSRN: https://ssrn.com/abstract=2493174 or http://dx.doi.org/10.2139/ssrn.2493174

Chilenye Nwapi (Contact Author)

University of Calgary ( email )

University Drive
Calgary, Alberta T2N 1N4
Canada

University of British Columbia Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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