engleski

The Legal Nature and Status of INTERPOL in the Context of Contemporary International Law

In the international legal order exist organizations about whose legal nature there is no agreement neither in international legal doctrine nor in practice. According to the understanding of the respective authors, these organizations are classified among intergovernmental organizations or among international non-governmental organizations, and in certain cases their nature is determined as sui generis. A similar approach we can find in international practice which further confirms existing attitudes in international legal doctrine. INTERPOL represents one of these organizations which are due to their specific characteristics on the border which according to the traditional understanding divides intergovernmental organizations and international non-governmental organizations. The paper indicates that the previous mentioned dichotomy is unjustified, arguing that with the existence of a new kind of international organisms – transgovernmental organizations which gather exclusively organs of the central government in its membership. Accordingly, the paper analyzes the constituent elements of INTERPOL with the aim of proving its transgovernmental nature. Furthemore, through its participation in international relations INTERPOL has become the holder of certain rights and obligations in the international legal order, and thus acquired international legal capacity (capacitas iuridica) – a necessary constituent element of the international legal personality. Moreover, with the factual exercise of certain rights and obligations in the international legal order, such as right of concluding the treaties and the right of legation, INTERPOL has achieved the capacity to produce legal consequences on its own (capacitas agendi)- the second constitutive element of the international legal personality. Precisely for this reason, the paper discusses the rights and obligations of INTERPOL in the international legal order and thereby gives an answer to the question of its legal status in contemporary international law.

international legal personality ; international organisms ; INTERPOL ; transgovernmental organizations

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