Challenging Acts of INTERPOL in Domestic Courts

Rutsel Silvestre J Martha

in Challenging Acts of International Organizations Before National Courts

Published in print September 2010 | ISBN: 9780199595297
Published online January 2011 | e-ISBN: 9780191595752 | DOI:
Challenging Acts of INTERPOL in Domestic Courts

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This chapter suggests that INTERPOL's informal origins and the dual status of its National Central Bureaus contribute to an approach by national courts that seems not to be influenced by either a monist or dualist tradition of incorporating international law into the domestic legal order. Courts recognize the need to avoid interference with the work of INTERPOL and dispose of the preliminary objections to jurisdiction and admissibility by application of the law of the forum. In the only case that reached the stage of merits, the substantive law of the forum was used as the primary source for fencing off INTERPOL. At a certain point, a headquarters agreement with France and US Presidential Executive Order were needed to secure non-interference. As a corollary, INTERPOL responded by establishing the Commission for the Control of INTERPOL's Files (1982) to provide adequate alternative means to address the grievances of individuals and entities.

Keywords: INTERPOL; Steinberg; Church of Scientology; National Central Bureau; CCF; monist tradition; dualist tradition

Chapter.  16980 words. 

Subjects: Constitutional and Administrative Law

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