By Portmann
A number of present overseas felony concerns are regarding the idea that of felony character, together with the decision of foreign rights and tasks of non-state actors and the felony capacities of transnational associations. whilst addressing those matters, varied understandings of felony character are hired. those techniques think of diverse entities to be overseas people, country various standards for changing into one and fix diverse results to being one. Roland Portmann systematizes different positions on foreign character by way of spelling out the assumptions on which they relaxation and studying how they have been substantiated in criminal perform. He places ahead the argument that positions on overseas character which strongly emphasize the position of states or powerful actors depend upon assumptions which have been discarded in current foreign legislations. The important argument is that overseas legislations needs to be conceived as an open process, in which there is not any presumption for or opposed to yes entities having fun with overseas character.
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This lack of clarity is disconcerting in itself. But it also influences the outcome in particular legal situations. In order to substantiate these claims, Part I of this book will first outline the presence and function of personality in international legal argument (1). It will then identify the different substantive positions on the concept and how one has to deal with them (2). Finally, the case will be made for the significance of the concept in legal practice even when personality is not directly addressed (3).
At 672–5 (Lord Templeman). The case is relevant notwithstanding its privatelaw character because the relations between the member states and the organization established by them are governed by international law. See also Maclaine Watson & Company Limited v. Council and Commission of the European Communities (AdvocateGeneral’s Opinion), 1990 ECR I–01797, paras. 134–7, and Arab Organization for Industrialization (AOI), Arab British Helicopter Company and Arab Republic of Egypt v. , United Arab Emirates, Kingdom of Saudi Arabia and State of Qatar (Swiss Federal Court, 1988), 80 ILR 622, esp.
1 Most of these distinctions vanished from the private law of persons in the nineteenth century. Yet, it did not become obsolete. As an effect of the emerging right to form groups and associations in most countries, new categories of legal personality, in this case of corporate nature, were introduced into the private law of persons. For the purposes of law, these recognized groups and associations were regarded as distinct entities from the individuals composing them. One could then not only have legal relationships with other human beings under municipal private law, but also with such groups 1 See also Maitland, Frederic William, ‘Moral Personality and Legal Personality (Sidgwick Lecture)’, Journal of the Society of Comparative Legislation, 6 (1905), 192–200, at 198.