The nature of the international legal personality of the Order of Malta

Abstract

The article provides a theoretical analysis of historical roots and the nature of international legal personality of the Order of Malta. The Order was established in 1048 to provide medical support to the wounded and sick pilgrim in the Holy Land. In the following years, the Order became military functions and participated in the Crusades. Power over territory and population was never the main mission of the Order. In the author’s opinion, the Order of Malta was rather a platform for cooperation of knights from different countries. However, in 16th–18th centuries, in the time of the development of the concept of international legal personality, the Order of Malta has a territorial sovereignty over Malta and the neighbourhood islands. It became a status of subject of international law at the same time as states. A question regarding sovereignty of the Order of Malta and of its status as a subject of international law arises after the occupation of Malta by the Army of Napoleon in 1798 and the decision of the Vienna congress concerning Malta in 1814. The article justifies a crucial role of the constitutive theory of recognition for the continuation of the international legal personality of the Order of Malta after the loss of territory. The author also provides an overview of the Orden’s governance framework, laws and international treaties. In light of current debates about the necessity of constitutional reforms in the Order of Malta, the nature of the Order’s international legal personality represents a great academic and practical interest.