Vatican and the Holy See

Abstract

The Holy See is the supreme governmental organ of the Catholic Church, representing it in the international arena. The subject of international law, for some, is the Church, while for others it is the Holy See itself. Beyond this discussion, one can verify an international performance of the latter that comprises the exercise of the right of passive and active legation, the participation as a member or as an observer in different international organizations, the celebration of bilateral (concordats or agreements of that nature) and multilateral treaties, as well as its role in the peaceful solution of international controversies. Said performance dates back several centuries, and has been ongoing in an uninterrupted manner, even during the times in which the Holy See has been deprived of a piece of territory under its sovereignty, such as, for example, during the time period between 1870 and 1929. On the other hand, in virtue of the Lateran Treaty of 1929 between the Holy See and Italy, the latter recognizes the sovereignty and ownership of the former over Vatican City, an area of 44 hectares embedded in Rome and which serves as a guarantee of liberty and independence of the Holy See. The majority opinion is that it is a State which, in its own unique way, gathers the presupposed requirements of said condition, with its own international legal personality. In spite of this, it acts internationally through the Secretariat of State of the Holy See, even though there are some treaties and international organizations to which it is, respectively, in and of itself a party of or a member of as such, in other words, as the Vatican City State. Finally, there is discussion as to whether there is only one subject of international law or if there are two subjects of international law. The more widespread criterion is the latter one, even though opinions are divided between those who propose that said subjects are the Roman Catholic Church and the Vatican State on the one hand, and those who sustain that this condition falls on the Holy See and the Vatican State on the other. At the same time, various appreciations in regards to the relationship between these two subjects have been given, in the sense that it can be defined as a personal union, a real union, or a vassal relationship of the Vatican State to the Holy See.