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
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
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