Considerazioni sul rapporto tra Diritto Canonico e Diritto Internazionale

The relationship between canon law and international law highlights some legal acts and facts that jointly, and sometimes simultaneously, affect these two fully independent legal orders. In fact, the canonical legal system is recipient of the international general principles, establishes relations w...

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Bibliographic Details
Main Author: Buonomo, Vincenzo
Format: Article
Language:Italian
Published: Universidad Católica de Valencia "San Vicente Mártir" 2015
Subjects:
Santa Sede
soggettività internazionale
diritto canonico
ordinamento internazionale
recepimento
Organizzazioni intergovernative
Holy See
international legal personality
canon law
international legal order
system
transposition of international law
Intergovernmental Organizations
Online Access:http://dialnet.unirioja.es/servlet/oaiart?codigo=5029897
Source:Anuario de derecho canónico : revista de la Facultad de Derecho Canónico integrada en la UCV, ISSN 2254-5093, Nº. 4, 2015, pags. 13-70
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Considerazioni sul rapporto tra Diritto Canonico e Diritto Internazionale
Summary: The relationship between canon law and international law highlights some legal acts and facts that jointly, and sometimes simultaneously, affect these two fully independent legal orders. In fact, the canonical legal system is recipient of the international general principles, establishes relations with statehood juridical system through treaties (e.g. the case of the concordats) and relates to the legal order of other subjects of international law by transposing and referring to their rules (e.g. the rules emanated from Intergovernmental Organizations). This relationship is permitted by the presence of the Holy See in the Community of Nations, as a subject of international law. This article analyses some interesting aspects for a lawyer: a) the international subjectivity of the Holy See, as the central government of the Catholic Church; b) the authority and powers exercised by the Holy See over the Vatican City State and, therefore, the importance that the international law assigns to this territorial sovereignty; c) the modalities through which the domestic law of the Holy See transposes and implements international rules or standards and the contribution of the Holy See to the development of contemporary international law; d) the relations of the Holy See with Intergovernmental Organizations, its presence in international Conferences and the resulting consequences in its regulatory and institutional framework.

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