This comment on Alan Sykes Article "Economic 'Necessity' in International Law" on AJIL UNBOUND discusses the application of necessity clauses from an economic perspective especially in light of the incentives of investors, who are the third party beneficiaries of the investment treaty/contract....

Congestion on fishing grounds and overfishing have convinced fishermen, economists, and most governments of the necessity to control access to fishing grounds. The living resources of the sea, however, present particularities which may make the task of redefining international fishing rights...