Legal Foundations of Interpol

ISBN-13: 9781849460408 / Angielski / Twarda / 2010 / 280 str.

Opis

This is a study of the legal aspects of the birth and development of an international organization, using the example of INTERPOL as a detailed case study. It is not a constitutional manual for INTERPOL, but an organizational study. Its main focus is the examination of the question whether an international organization, in this case INTERPOL, can be created without a solemn and formally celebrated treaty. At the same time, the book sets out the legal foundations for extra-judicial international police enforcement cooperation and explains the creation, structure, and operation of INTERPOL, the organization that promotes that cooperation. For practitioners who, for whatever reason, have to deal with INTERPOL, the book provides a much-needed explanation of the legal foundations of the organization, its legal status, and some basic guidance on its operations. It also includes information relevant for lawyers litigating issues with INTERPOL about how their clients can challenge the way the

Spis treści

INTRODUCTION 1. THE CONCEPT OF INTERNATIONAL ORGANISATION 2. THE OBJECT OF THE ORGANISATION 1. Is Extrajudicial Police Cooperation a Legitimate Object? 2. The Presumptive Freedom of Action of Sovereign States 3. The Indifference with regard to Forms and Formalities 4. Imputability of Police Enforcement Cooperation Actions to the State 5. The Doctrine of electa una via: Non-exclusivity of Mutual Assistance Arrangements 6. The Obligation to Cooperate 6.1 The Duty of Due Diligence in Policing 6.2 Conventional Undertakings to Cooperate in Police Enforcement Matters 7. Permissibility of Police Cooperation without the Formalities of Extradition or Mutual Assistance Treaties 7.1 Balancing Law Enforcement Needs and Fundamental Rights 7.2. Extrajudicial Surrender of Suspects and Fugitives 7.3 Extrajudicial Gathering of Evidence Abroad 8. The Appropriateness of INTERPOL's Aims 3. ORGANISATION and operations 1. Origins 2. Structure 2.1 The General Assembly 2.1.1 Subsidiary Bodies and Regional Conferences 2.1.2 Decision-making Procedure 2.1.3 Dispute Settlement Function 2.2 The Executive Committee 2.3 The General Secretariat 2.4 The National Central Bureaus 2.4.1 The Concept 2.4.2 NCB Service Standards 2.4.3 Legal Characterisation of NCBs 2.5. The Advisers 2.6 The Commission for the Control of INTERPOL's Files 2.6.1 The Exclusive Effect of the Commission's Competence 2.6.2 Remedies 2.6.3 Effects of Findings 3. Functions and Internal Legal Order 3.1 Essential Functions 3.1.1 Secure Global Police Communication Services 3.1.2 Operational Data Services and Databases 3.1.3 Operational Police Support Services 3.1.4 Training and Development 3.2. Internal Legal Order 3.2.1 Attribution and Delegation of Powers 3.2.2 Regulation of the Processing of Police Information 3.2.3 Regulation of the Employment Relations 3.3 Privileges and Immunities 4. Recognition 4.1 Recognition as an International Organisation 4.2 Recognition of its International Legal Capacity 4. the will of governments to create the organisation 1. Relevance 2. Conduct of Police Bodies 3. Attribution of Police Conduct to Governments 5. ACCEPTANCE and adherence to the constitution 1. The Incorporators 2. Subsequent Adherents 3. Compliance 6. members and contracting parties 1. Countries as Members 2. Are 'Countries' Subjects of International Law? 7. the proper law of the organisation 1. The Proper Law of Intergovernmental Legal Acts 2. Presumptive Exclusion of National Law 3. Distinguishing INTERPOL's Situation 8. Form and formalities 1. The Irrelevant Distinction between Formal and Informal Agreements 2. The Issue of Registration and Publication Conclusion