The political and legal problem of a state of exception, whereby a state deviates from its normal constitutional and legal order in response to a real or perceived emergency, has generated much debate. Critics contend that the use of a state of exception really is an exception that swallows the rule, with the potential to corrode the entire legal order. The first part of this article explores international law‟s attempt to put limits upon countries use of state of exception, as enforced by Human Rights Committee of the United Nations. Secondly, the author looks at the broader question of whether or not the U.N., as a super-state, itself uses states of exception, and what, if any, limits are placed upon it.

Disability rights law has expanded over the past twenty years from near non-existence to developing into an international legal norm, particularly through the recent United Nations convention on the Rights of Persons with Disabilities. In this work, the authors examine the case of Lithuania and its process for determining when disabled persons lack legal capacity, as measured against the international legal standards applicable to this issue. The authors conclude by offering suggestions about how Lithuania may make determinations as to legal capacity in a way that is consistent with the emerging global legal standards on disability rights law.