Episode 1: Contagion
EJIL: The Podcast!
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Derogations or Limitations? What's the Difference?
In one sense, the keea test that you're going to apply in either of these scenarios is going to be the same right? The limitations allows to take measures that are necessary to achieve a legitimate aim. Of course, if you derogate, essentially what you are allowed to do is also thatyou are allowed to take measures which are necessary due to the exigencies of the situation. So then the question that arises is whether necessary means the same thing in the context of limitations as it would mean in thecontext of derogations.
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