The United States will also seek to develop informal partnerships with states that share U.S. goals to prevent table of contents networks from abusing the benefits of globalization. By promoting flexible networks of law enforcement agencies and diplomatic partners, the United States can leverage the expertise and infrastructure of engaged governments and respond more quickly to the changing dynamics of transnational criminal threats. The United States convened a meeting of 25 countries and jurisdictions across the Pacific in April 2009 to discuss common approaches and strengthen cooperation against transnational criminal networks spanning East Asia, the Pacific, and Latin America. The United States organized a similar event with the European Union in May 2011 to create strengthened partnerships against transatlantic criminal networks in Latin America, West Africa and Europe. By gradually building platforms and networks of cooperation, the United States will produce greater collective action, common cases, and common strategic approaches with our international partners to combat cross-border criminal threats. On the other hand, research in this area can be bold, aiming to holistically rethink current modes of cooperation. Legal research has the potential to postulate the development of new paradigms of cooperation. The role of the researcher is therefore to foresee the resulting need for cooperation and to propose viable legal means of meeting these needs. Thus, in the near future, the development of sophisticated forms of judicial cooperation at the international level will be a crucial area of research.
This need has been expressed for a very long time, footnote 78, but it has remained largely unaddressed. This may raise the question of whether new and distinct cooperation systems should be developed or whether the current systems could gradually extend their scope of functions to include this new task. Is it conceivable in summary to create a single entity to promote global cooperation between all actors involved in the criminal justice system, from police services to prosecutors and judges? Footnote 79 This has been indicated by researchers in the past, particularly with respect to INTERPOL. Footnote 80 At first glance, research in this area may seem superfluous. However, it is crucial to examine how international police cooperation suffers from the problems of disorder already mentioned in footnote 57 and fragmentation of laws. Footnote 58 Different systems of cooperation coexist,footnote 59 which links the police systems of countries, which are in turn bound by their national criminal procedures and laws. A simple example can clarify this complex issue: if a police service in one European country decides to cooperate with its counterpart in another European country, it has the possibility to activate cooperation through several channels, the main one being INTERPOL and Europol. However, it may also decide to cooperate bilaterally or, depending on the offence being cooperated, through other forms of cooperation that are less definable, at least from a legal point of view.
Footnote 60 In addition to the bilateral level, other methods of cooperation are implemented through institutions subject to a specific set of rules and must be applied through various legal procedures, unwritten practices and modes of operation. In addition, police services in EU countries must comply with EU law and their respective national criminal procedures. It therefore appears that it is not easy to answer the question of which laws govern international police cooperation. In order to continue to use INTERPOL misuse cases as an example, it is essential to examine whether the opportunities for individuals to complain about legal documents prepared or disseminated by INTERPOL are fair and sufficient. To be precise, the search must focus on the possibilities that a person is looking for through INTERPOL Red Notices or broadcasts to appeal and/or remedy the situation. Fn. 65 In addition, what types of legal safeguards has INTERPOL taken to prevent cases of abuse and whether they are appropriate and sufficient? Footnote 66 Examples include the various regional police cooperation bodies, such as the African Union Police Cooperation Mechanism (AFRIPOL), the American Police Community (AMERIPOL), the Association of Southeast Asian Nations Police Organization (ASEANAPOL), and the Gulf Cooperation Council (GCC) Police. See: Zabyelina (2019, p.
308). The law of the black letter, also known as the doctrinal tradition, generally regards the law almost as an independent corpus that must be seen as blind to external factors and circumstances. Therefore, critical analysis of the law is limited to „examining the rational logic or coherence of certain legal decisions or areas of law.” Footnote 38 It might be interesting to note how closely this tradition is linked to the school of thought, according to which there should be a clear boundary between jurisprudence and other disciplines. Needless to say, blindly following this tradition was considered by the majority of jurists to be old-fashioned and outdated for approaching legal research. However, footnote 39 The approach may still be useful in facilitating the exegetical work of lawyers, experts and practitioners. Significantly, this is true in research on international police cooperation, a point that will be discussed later. What can be confirmed with certainty is that all forms of cooperation can sometimes be problematic, as there are many legal and practical issues that need to be taken into account when police services in different countries decide to interact with each other. Footnote 19 There are some considerations, as the study of international law represents a particular set of challenges that need to be addressed. Footnote 53 For example, it is difficult for researchers and practitioners to interpret a precise hierarchy between sometimes conflicting sources of law. Although it is possible to derive a hierarchy from Article 38(1) of the Statute of the International Court of Justice, this is often unnecessary because of the issue known as disorder. .