Mission of the Order of Malta as a Subject of International Law in the 21st Century

Abstract

The Order of Malta became a subject of international law with the emergence of classical international law in the 16th century and the concept of international legal personality and since that period has always been recognised as such. However, the form of its existence has undergone a number of transformations. Today, the Order of Malta constitutes a unique subject and the nature of its international legal personality represents a great scientific and practical interest. The author is of the opinion that both theories of recognition which exist in the doctrine of international law, i.e. the declarative and constitutive theories, apply to the status of the Order of Malta. This paper analyses the nature of international legal personality and the mission of the Order of Malta as a subject of international law in the 21st century. Special attention is paid to the Constitution, the Government and the judicial system of the Order of Malta, as well as cooperation between the Order and the Russian Federation.