The Status of the Holy See in International Law

1952 ◽  
Vol 46 (2) ◽  
pp. 308-314 ◽  
Author(s):  
Josef L. Kunz
Keyword(s):  
International Law ◽  
Holy See ◽  
The Status

scholarly journals THE STATUS AND POSITION OF THE VATICAN AND THE POPE AT INTERNATIONAL LAW: TRYING TO FIT A RELIGIOUS SQUARE PEG INTO A LEGAL CIRCLE?

Obiter ◽  
2021 ◽  
Vol 32 (3) ◽  
Author(s):  
Sipho Nkosi
Keyword(s):  
International Law ◽  
Final Word ◽  
Sovereign Immunity ◽  
Holy See ◽  
Nation States ◽  
The Future ◽  
The Status ◽  
Minimum Requirements

The final word has not been spoken on the position and status of the Vatican; nor have the intricacies and complexities of its relationship with the Holy See been exhaustively ventilated. In the present writer’s view, the debate as to whether the Vatican, or the Holy See, meets the requirements for statehood will rage on into the future. However, this article does not pretend to be definitive. It merely seeks to demonstrate how international-law concepts and phenomena are being stretched (sometimes beyond their limit) in order to accommodate the Vatican. The Vatican does not meet the minimum requirements for statehood; but it continues to be accorded, by the community of nations, the kind of recognition that more deserving entities such as Taiwan, the Palestine and Somaliland are being denied. Its officials and functionaries enjoy sovereign immunity in the courts of fully-fledged nation states which those of the aforementioned nascent states do not enjoy. 

Establishment of Diplomatic Relations

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Sovereign State ◽  
Holy See ◽  
Foreign State ◽  
The Status ◽  
The Right ◽  
International Law Commission ◽  
Law Commission

This chapter analyses the Article 2 of the Vienna Convention on Diplomatic Relations which states that diplomatic relations, and of permanent diplomatic missions, takes place by mutual consent. It outlines the changes and development that led to the formation of the article. The International Law Commission traces the roots of the second article from a state’s right to legation, the right of sending a diplomatic mission to a foreign state. However, in order to determine whether an entity has the ‘right of legation’, it is necessary to determine whether or not it is a State. For most of the Parties of the Convention, the right to conduct diplomatic relations is generally regarded as flowing from recognition as a sovereign State. The chapter describes some instances where recognition plays an important factor in diplomacy, such as the status of Palestine and the Holy See.

scholarly journals The 2008 Agreement Between the Holy See and Brazil on the Juridical Statute of the Catholic Church in Brazil in the Eyes of the Brazilian Superior Courts

2021 ◽  
Vol 12 (12) ◽  
pp. 375-382
Author(s):  
Eduardo Szazi
Keyword(s):  
Public Schools ◽  
International Law ◽  
Catholic Church ◽  
Historical Background ◽  
Domestic Sphere ◽  
Holy See ◽  
Presidential Decree ◽  
The Status ◽  
The Relationship ◽  
The Catholic Church

In 2008, Brazil and the Holy See entered into an Agreement on the Juridical Statute of the Catholic Church and its Ecclesiastical Institutions in Brazil (the “Agreement”). The Agreement was approved by the Brazilian Congress by Legislative Decree 698 on October 7, 2009 and entered into force in the international sphere on December 10, 2009. On February 11, 2010, by Presidential Decree 7.107, it entered into force in the domestic sphere. The purpose of this essay is assessing the consistency of the Agreement with the State laicity enshrined in the 1988 Brazilian Constitution. The hypothesis is the validity of the Agreement due to the special status of the Holy See in International Law. The methodology of study consisted in describing the historical background of the relationship between State and Church in Brazil as a preamble for surveying cases which have dealt with the 2008 Agreement and the corresponding decisions at the Brazilian Superior Courts. As a result, we have found out that the Brazilian Judiciary sustained the compatibility of the Agreement with the laicity of the Brazilian State enshrined in its 1988 Constitution in two leading cases that addressed, respectively, the possibility of confirmation, by Brazilian Courts, of ecclesiastical declarations of nullity issued by marriage tribunals under the Code of Cannon Law, and the possibility of confessional classes in public schools. Both possibilities were eventually upheld by Brazilian Superior Courts in landmark rulings on the status of the Holy See in the Brazilian practice of international law.

scholarly journals The 2008 Agreement Between the Holy See and Brazil on the Juridical Statute of the Catholic Church in Brazil in the Eyes of the Brazilian Superior Courts

2021 ◽  
Vol 13 (13) ◽  
pp. 445-451
Author(s):  
Eduardo Szazi
Keyword(s):  
Public Schools ◽  
International Law ◽  
Catholic Church ◽  
Historical Background ◽  
Domestic Sphere ◽  
Holy See ◽  
Presidential Decree ◽  
The Status ◽  
The Relationship ◽  
The Catholic Church

In 2008, Brazil and the Holy See entered into an Agreement on the Juridical Statute of the Catholic Church and its Ecclesiastical Institutions in Brazil (the “Agreement”). The Agreement was approved by the Brazilian Congress by Legislative Decree 698 on October 7, 2009 and entered into force in the international sphere on December 10, 2009. On February 11, 2010, by Presidential Decree 7.107, it entered into force in the domestic sphere. The purpose of this essay is assessing the consistency of the Agreement with the State laicity enshrined in the 1988 Brazilian Constitution. The hypothesis is the validity of the Agreement due to the special status of the Holy See in International Law. The methodology of study consisted in describing the historical background of the relationship between State and Church in Brazil as a preamble for surveying cases which have dealt with the 2008 Agreement and the corresponding decisions at the Brazilian Superior Courts. As a result, we have found out that the Brazilian Judiciary sustained the compatibility of the Agreement with the laicity of the Brazilian State enshrined in its 1988 Constitution in two leading cases that addressed, respectively, the possibility of confirmation, by Brazilian Courts, of ecclesiastical declarations of nullity issued by marriage tribunals under the Code of Cannon Law, and the possibility of confessional classes in public schools. Both possibilities were eventually upheld by Brazilian Superior Courts in landmark rulings on the status of the Holy See in the Brazilian practice of international law.

The Practice and Case Law of Israel in Matters Related to International Law

1994 ◽  
Vol 28 (4) ◽  
pp. 707-730 ◽  
Author(s):  
Deborah Perla
Keyword(s):  
International Law ◽  
Catholic Church ◽  
Case Law ◽  
The State ◽  
Territorial Disputes ◽  
Diplomatic Relations ◽  
Holy See ◽  
The Status ◽  
State Of Israel

I. The Fundamental Agreement between the Holy See and the State of IsraelOn December 30, 1993, the Fundamental Agreement between the Holy See and the State of Israel was signed in Jerusalem by representatives of both parties. The agreement, which precedes the first diplomatic relations entered into between the Holy See and the State of Israel, covers areas of international relations which include both general issues such as human rights and freedom of religion and particular issues regarding Vatican-Israel relations, such as the status of the Catholic Church in Israel and the role of the Holy See in territorial disputes in the region. The goals and meanings of many of the provisions of the Agreement have as yet to be further defined however, and several of them will be discussed following a brief survey of the historical events leading to the conclusion of this agreement.

The Crisis of the Ryukyus (1877–82)

2018 ◽  
Author(s):  
Patrick Sze-lok Leung ◽  
Anthony Carty
Keyword(s):  
International Law ◽  
Colonial Power ◽  
Independent State ◽  
The People ◽  
The Us ◽  
The Status ◽  
Historical Viewpoint

Okinawa is now considered as Japanese territory, without challenge from most world powers. However, this is debatable from a historical viewpoint. The Ryukyu Kingdom which dominated the islands was integrated into Japan in 1879. The transformation is seen by Wang Hui as a process of modernization. This chapter argues the issue from an international law perspective. It shows that Ryukyu was an independent State as demonstrated by the 1854 Ryukyu–US Treaty, although it sent regular tributes to China. The Japanese integration by coercion is not justifiable. The people of Ryukyu were willing to continue being a tributary State rather than part of Japan. Britain, as the greatest colonial power, did not object. China and the US attempted to intervene in this affair, but no treaty has so far been concluded. Therefore, the status of Ryukyu/Okinawa remains unresolved and may need to be revisited, while putting the history context into consideration.

International Law in Chinese Courts

2019 ◽  
pp. 547-564
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
Professional Competence ◽  
National Courts ◽  
Major Development ◽  
Chinese Perspective ◽  
The Status ◽  
Major Factors ◽  
Private Actors ◽  
The Comparative Study

This chapter adds a Chinese perspective to the comparative study of how national courts treat international law. The chapter finds that the application of international law in Chinese courts is influenced by several major factors, including China’s ambivalence toward international law, the role that the judiciary plays in China’s national governance, and the professional competence of Chinese judges. In particular, the failure of China’s Constitution to specify the status of international law makes secondary laws less likely to embrace international law: many secondary laws do not mention international law at all; only a modest number of secondary laws automatically incorporate international law. This also means that Chinese judges are discouraged from invoking international law in adjudicating disputes. However, in line with and in support of China’s economic opening policy since the late 1970s, Chinese judges regularly apply those treaties that deal with commercial relations between private actors. A major development is that, as China rises as a great power, Chinese courts have begun to prudently become more involved in foreign relations by applying international law.

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