Abstract
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.
Highlights
There are many entities that enjoy privileges, protection and recognition at international law
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
The debate and controversy have really been about its legal status and position in terms of international law; and about the recognition it continues to enjoy from the community of nations.[4]
Summary
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. 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
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