ABSTRACT
The derogation formula of "in time of public emergency when the life of the nation is threatened, and when its existence has been officially proclaimed" evolved in discussions by the drafters of the International Covenant on Civil and Political Rights (ICCPR) after many other proposals had been considered and rejected. The principle relating to the use of emergency measures on a temporary basis only is one that has generated much controversy over what have been described as "permanent or entrenched emergencies". The European Court of Human Rights (ECHR) has consistently recognized a margin of appreciation in assessing the necessity for derogating measures and the scope of the actual derogating measures. The Inter-American Court of Human Rights (IACHR) has applied the principles governing assessment of the existence of a public emergency to state non-parties to the American Convention, that were members of the Organization of American States (OAS).
