Jose wrote:

Why is ODP an emergency procedure?


It isn't. However, a go-around started in IMC far enough past the MAP
at an airport where the missed approach procedure does not provide
obstacle clearance if it's started past the MAP could certainly qualify
as an emergency for purposes of choosing a course of action.

Read AIM 5.5.5

The ODP would be a reasonable course of action in that circumstance, at
least until a point at which the missed approach could be joined.

Jose

That would be your argument if any enforcement action resulted in the
event of a loss of separation.