This book is a study of the legal aspects of the birth and development of an international organisation, using the example of INTERPOL as a detailed case study. It is not a constitutional manual for INTERPOL, but an organisational study, and does not seek to be exhaustive in terms of its description of INTERPOL's operations. Its main focus is the examination of the question whether an international organisation, 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 organisation that promotes that cooperation. For practitioners who, for whatever reason, have to deal with INTERPOL, it provides a much-needed explanation of the legal foundations of the Organisation, 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 Organisation has processed information concerning them, or has alerted police forces worldwide about them.
The work is to be welcomed not only because of its thorough research and main conclusions, but primarily because it submits known facts about INTERPOL to a rigorous legal analysis from the perspective of public international law...The practical, as well as theoretical importance of the study needs to be underlined. The study provides practitioners who for whatever reason have to deal with INTERPOL, with the much needed explanation about the legal foundation of the Organisation, its legal status and some basic guidance on its operations. Foreword by Ronald K Noble, Secretary General of INTERPOL, July 2009
Dr Rutsel Silvestre J Martha is a former General Counsel and Director of Legal Affairs of INTERPOL. He is currently the General Counsel and Director of Legal Affairs of the International Fund for Agricultural Development (IFAD). He has written extensively on public international law. He was an Adjunct Professor of Law at the Washington College of Law (Washington, DC, USA) and Visiting Professor of Law at the New York University School of Law Singapore Programme at the National University of Singapore Faculty of Law.
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
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