Consideration of non-traditional legal personality would be incomplete without the example of the four European “mini-states” in whose history and / or present it is intertwined. Andorra / 465 sq. Km / has been a self-governing territory since 805, then under the vassalship of the Counts de Foix. In 1278 a compromise was reached – the Bishop of Urgel / representative of Spain / retained “supreme rights” over it, de Foix / founders of the Navarre dynasty / – “hereditary jurisdiction. France, the relevant jurisdiction is transferred to the French king, symbolically the vassal position remained until the 90s of the twentieth century, but there is a serious factual dependence in the judiciary – the two vicars are appointed by Spain and France, respectively. The Democratic Association, officially registered in 1976, managed to reach a resolution for a referendum held in 1992. and on it her complete independence is won; adopted by the United Nations on July 28, 1993
Monaco / 1.9 sq. Km / dates back to the Grimaldi family of Genoa from 1927 / it has been ruled by the family in the person of Prince Rainier III. From 1641-1793 protectorate of France, actually annexed by 1815; from 1815-17 protectorate of Sardinia, and until 1818 had the status of an “independent principality. The treaty between Monaco and France of 1918 imposed a regime close to the protectorate. Under a treaty of 1963 there is a monetary and tax relationship between them. full member since 28.05.1993, but it is difficult to define its international legal personality as full, because the rights of France are preserved – to have its military units on its territory to carry out border customs control, to give consent to the conclusion of international treaties , and when the throne is vacated, it automatically passes under full French sovereignty.
The Principality of Liechtenstein / 157 sq. Km / was formed in 1719. the possessions of the Liechtenstein family in Moravia and Austria and the accession of Schellenberg / 1699 / and Vaduz / 1712 /. Initially oriented to Austria-Hungary, but since 1918. / its disintegration / is redirected to Switzerland, which since 1919 / special agreement / has been conducting its diplomatic relations. In practice, this means that diplomatic representatives accredited in Switzerland are accredited at the same time in Liechtenstein. Since 1921 operates currency, since 1924. and customs union. The Principality has been a party to the Statute of the International Court of Justice since 1947, a member of the UN since September 18, 1990, but this does not lead to the abolition of its close integration with Switzerland, so it can be concluded that it has limited international legal personality.
San Marino / 61 sq. Km /, the oldest European republic, founded in 301. As an independent state it was recognized by the bishop of Rimini in 855. In the XIII-XVII century it was under the patronage of Mantefeltro, and since 1631 – independent. It gradually became a protectorate of Italy. It maintains nominally independent diplomatic relations, but states generally accredit diplomats from their missions in Rome; member of the UN since March 2, 1992
Until the unification of Italy in 1870. the pope has secular power over Rome, which materializes in the existence of the so-called “Papal State”. When Rome was declared the capital of Italy, a conflict with the church began. The crisis was overcome with the signing of the Lateran Treaties / February 11, 1929 / between the government of Mussolini and Pope Pius X1. According to Article 3 of the Holy See power over the Vatican “as this city is a” neutral and inviolable territory “/ Art. 24 /. It is this treaty that makes the Vatican a subject of international law. The role of the pope is determined by canon 321 of the Codex Juris Canonici / revised in 1983 /, which confirms his secular and spiritual authority. The Vatican’s role in world relations is two-dimensional, with it concluding treaties and sending ambassadors without losing its unlimited spiritual authority worldwide as head of the Catholic Church. Last but not least, in addition to the traditional role of the Holy See as a subject of international law, the current Pope John Paul II is one of the most merciful leaders, who according to Dieter himself is a subject of the Ministry of Justice. his activity contributes to the development of international relations, regardless of the religion of the countries he visits.
In the doctrine there are attempts to consider the Vatican as a full-fledged state, but also to separate the legal personality of the Holy See from the specific territory in which its seat is located. These notions are too extreme. In this case, the triad of statehood – territory, population, supreme power – is missing. The area of the city is only 0.44 sq. Km, and citizens in the traditional sense of the word are practically absent. Even the symbolic armed forces, used only for ceremonial occasions, are composed only of foreigners / Swiss Guards /. In the other case the institution is exaggerated and the seat / the territorial aspect / becomes meaningless. The Holy See is perceived as a collection of the papal curia and its existing services, and so it is a rightful subject, regardless of its location, permanently or temporarily. No other religion has international legal personality and the reason for this is not only the absence of a “hierarchical hat”, but also the lack of its own territory, even the size of the Vatican. The Sovereign Order of Jerusalem and Malta has a very limited legal personality. , but it extends only to the maintenance of diplomatic relations. Moreover, the states that accredit their representatives to it use their diplomats at the Holy See for this purpose. In view of the above, I think it is right to accept the Holy See as a subject of International Law, but in conjunction with its location – the Vatican City. In this sense, using only the term “Vatican” is not entirely sound. It suffices to consider international treaties, where everywhere the subject is called the “Holy See”.
It should be borne in mind that the Sovereign Order is also a subject of International Law, which functions well without a territorial base – it sends and welcomes ambassadors and has serious merits for the development and improvement of humanitarian law, especially in armed conflicts. Although I do not have completely new information, I must note that in 1995. 41 countries have maintained diplomatic contact with the Order. In the past, the Order had its own territorial base and even sovereignty – of Rhodes, then in Malta. After refusing the offer to settle in Gotland, a Swedish island in the Baltic Sea, for his own needs, he established himself as a sovereign sui generis in the territory of a foreign country.
The Holy See participates in many international forums, incl. in the Pan-European Conference on Security and Cooperation and is a member of a number of specialized international organizations of the UN system (UTU; TU; EURATOM, or has observers in others – UNESCO; ILO). It maintains diplomatic relations with about 100 countries in the world, as Art. 12 The basic treaty of the Lateran treaties contains the recognition of an independent “active and passive right of embassy” for the Holy See. Moreover, the Vienna Convention on Diplomatic Relations – 1961. Reaffirms in its art. 16 t 3 the then common practice of the papal nuncio to be the doyen of the diplomatic corps in a number of countries / mostly Catholic. The paradox of the present case is that the doctrine does not yet accept the Vatican as a state, for which I have put forward some of the essential grounds. On the other hand, however, this specific subject of International Law has a wider realization, and is independent in all directions and manifestations of international legal personality, than many subjects accepted as states. A comparison with Monaco, Liechtenstein and San Marino, discussed above, is sufficient.
