The Legal Foundations of INTERPOL, 2nd Edition

Author: Rutsel Silvestre J. Martha
Publisher: Hart Publishing
ISBN: 9781509944712

Published In: July 2022
Format: Paperback , 368 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849468046

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Description
Contents

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Since the publication of the extremely well regarded first edition of this title, the legal regime which forms the basis for INTERPOL has changed significantly due to increasing criticism and calls for reform. This timely new edition provides a complete update to reflect the significant developments within the Organization since 2010.

This new edition also examines INTERPOL's internal and external law and situates INTERPOL's assistance to its members in the legal regime of responsibility. It is the first text to undertake this task. It draws on the jurisprudence of the Commission for the Control of INTERPOL's Files and the authors' extensive experience before this body to discuss in great detail how an individual can challenge INTERPOL's interventions (including the issuance of notices) on the basis of the Organization's internal rules. It also meticulously describes the procedures under which INTERPOL members might challenge INTERPOL's interventions and how an individual can hold INTERPOL responsible for breaches of its external law.

Retaining the clarity of expression and expert analysis that were hallmarks of the first edition, this book is required reading for practitioners and academics alike. It provides academics with a valuable case study on the creation of an international organisation and the responsibility of international organisations, and it offers practitioners a forensic analysis of how to challenge INTERPOL and its actions.

PART I
1. The Concept of International Organisations
2. The Object of the Organisation
I. Is Extrajudicial International Police Cooperation an Appropriate Object?
II. The Presumptive Freedom of Action of Sovereign States
III. The Indifference with Regard to Form and Formalities
IV. Attribution of Police Conduct
V. Non-Exclusivity of Mutual Legal Assistance Arrangements
VI. The Obligation to Cooperate
VII. Permissibility of Police Cooperation without the Formalities of Extradition or Mutual Legal Assistance Treaties
VIII. The Appropriateness of INTERPOL's Object
3. A Meeting of Wills and Consent to be Bound
I. A Meeting of Wills
II. Consent to be Bound
4. Contracting Parties and Members
I. Countries as Parties to the INTERPOL Constitution and as Members
II. Are Countries Subjects of International Law?
5. Form and Formalities
I. The Distinction between Formal and Informal Agreements
II. Registration and Publication
6. Governing Law
I. Presumptive Exclusion of National Law
II. The Governing Law of the INTERPOL Constitution
7. Organisation and Operations
I. Origins
II. Structure
III. Essential Functions
IV. Delegation of Powers
V. Privileges and Immunities
VI. Recognition as an International Organisation
VII. Recognition of Legal Capacity

PART II
8. Internal Law
I. Internal Legal Order
II. Challenges to the Processing of Data
III. Regulation of Employment Relations
9. Internal Law Disputes
I. Proceedings before the CCF
II. Re-Examination by the General Secretariat
10. Challenges by National Central Bureaux
I. Legal Framework
II. Examples
11. External Law and Responsibility
I. External Legal Order
II. Responsibility
12. External Law Disputes
I. Immunity from Jurisdiction and Adequate Alternative Dispute Settlement Systems
II. Article 24 of the Headquarters Agreement