| INTERPOL,consisting of 194 member states,enjoys an irreplaceable position in global security governance with the purpose of coordinating and promoting global policing cooperation,combating and preventing cross-border crimes.At the same time,its policing cooperation resources are of great benefit to China,especially the Red Notices which have helped our police to carry out cross-border retrieval chase and achieved good results in recent years.However,due to its specific establishment history,INTERPOL’s legal personality has not been clearly expressed in the serious and formal international treaties,which is not conducive to its participation in international legal relations and the assumption of its rights and obligations.Therefore,it is of great significance to demonstrate that INTERPOL has the legal personality of an intergovernmental organization,and to offer China a chance to put forward some relevant future countermeasures.Taking the legal personality of INTERPOL as the research object,this paper adopts the literature analysis method,investigation research method and comparative research method.In addition to the introduction and conclusion,the main content of the article is composed of five parts:Part Ⅰ defines the relevant concepts of the legal personality of intergovernmental organizations,systematically combs the theory of the generation of the legal personality of intergovernmental organizations,deeply analyzes the relevant typical cases in international law,and summarizes the standard of judging whether one organization has the legal personality of an intergovernmental organization,paving the way for the later argument of demonstrating INTERPOL’s legal personality.Part Ⅱ summarizes the main functions and powers of INTERPOL,and concludes the conditions for its proper functioning,including the transferring of judicial sovereignty by the member states,participation in international legal relations as one subject of international law,and the existence of certain immunities so as to draw a conclusion that having the legal personality of an intergovernmental organization is a necessary prerequisite for INTERPOL to fulfill its mandate.Part Ⅲ analyses the process by which INTERPOL obtains the legal personality of an intergovernmental organization on the basis of the authorization of the member states: the Member States,guided by rightful and legitimate purposes,express their will to authorize and confer the legal personality to INTERPOL according to the Constitution of INTERPOL,even though the constitution is not a serious or formal international treaty,the Member States had all expressed their acceptance of the constitution through lawful means and had in fact produced an independent organization that could express its own will and is not manipulated by any other political entity.Part Ⅳ provides an analysis of the organizational structure and governance system of INTERPOL,and its complete organizational structure and scientific governance system provide guarantees for its independent-will-maintaining and the fulfillment of its statutory authority,which are in line with the related requirements of intergovernmental organizations.Part V provides a brief view of the current situation of INTERPOL’s legal personality in the practice of international law,and proposes some recommendations for INTERPOL on the respect of improving its legal personality in the eye of China. |
