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By Portmann

Numerous present overseas felony matters are regarding the concept that of felony character, together with the selection of foreign rights and tasks of non-state actors and the criminal capacities of transnational associations. while addressing those matters, various understandings of criminal character are hired. those strategies ponder diverse entities to be foreign people, nation varied standards for changing into one and fasten diverse outcomes to being one. Roland Portmann systematizes different positions on foreign character by way of spelling out the assumptions on which they relaxation and interpreting how they have been substantiated in felony perform. He places ahead the argument that positions on overseas character which strongly emphasize the function of states or potent actors depend on assumptions which have been discarded in current foreign legislations. The important argument is that overseas legislations should be conceived as an open approach, in which there is not any presumption for or opposed to sure entities having fun with foreign character.

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Rechtsgeschichte, 4 (2004), 61–6, at 64–5. More generally, the pursuance of intellectual history as part of research in international law had already been called for by Oppenheim, Lassa, ‘The Science of International Law’, AJIL, 2 (1908), 313–56, at 316. This is the main difference from the primarily context-oriented work by Nijman, Concept of International Legal Personality, which follows a strict contextualist methodology and refrains from any legal-technical and practical analysis of the concept.

15, at 17–18. , 1934), 51–3. Compare the views by Seyersted, Finn, Objective International Personality of Intergovernmental Organisations: Do Their Capacities Really Depend upon Their Constitutions? , 1963), 9, Seidl-Hohenveldern, Ignaz, ‘Die völkerrechtliche Haftung für Handlungen internationaler Organisationen im Verhältnis zu Nichtmitgliedstaaten’, Österreichische Zeitschrift für Öffentliches Recht, XI (Neue Folge) (1961), 497–506, at 498, and by Schwarzenberger, Georg, International Law Volume I: International Law as Applied by International Courts and Tribunals, 3rd edition (London: Stevens, 1957), 138.

Simic et al. (Decision on the Prosecution Motion under Rule 73 for a Ruling concerning the Testimony of a Witness), ICTY Trial Chamber, 27 July 1999. g. , ‘Direct vs. , ‘Corporations and Human Rights: A Theory of Legal Responsibility’, YLJ, 111 (2001), 443–545, and Seibert-Fohr, Anja and Rüdiger Wolfrum, ‘Die einzelstaatliche Durchsetzung völkerrechtlicher Mindeststandards gegenüber transnationalen Unternehmen’, AVR, 43 (2005), 153–86, all of them focusing on multinational corporations. Clapham, Non-State Actors, esp.

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