Considerations on the position of vatican in the system of public international law

• Author: Cristian Jura
• Position: Univ. Lecturer Ph.D. Cristian JURA at Law Faculty, Christian University 'Dimitrie Cantemir', State Secretary at National Council for Combating Discrimination
• Pages: 69-72

CONSIDERATIONS ON THE POSITION OF VATICAN IN THE SYSTEM OF PUBLIC

INTERNATIONAL LAW Cristian Jura 

Abstract

Offering a ter ritorial identity to the Holy See, the state of Vatican is acknowledge as na tional territor y

under interna tional law, a lthough the Holy See is the legal body that manages the international rela tions,

negotiates the inter national agr eements, respectively sends and receives diplomatic repr esentatives.

Key words: Vatican, public interna tional law, internationa l relations.

Introduction

Vatican is one of the oldest politica l a nd religious existent institutions. It is one of the diplomatic

centres of the world, and, in terms of terr itory, the smallest a mong the suzerain states. Vatican occupies, as

bread th, a terr itory of only 44 Ha, a nd has only a round 600 per manent inha bitants. Despite a ll these, it directs

and lead s million Catholics, sprea d worldwide.

1. Brief history of Vatican

The name of the place is antic predating Christianity. It is supposed that this part of Rome originally

uninhabited (ager vaticanus) was always considered a sacred place or at least unavailable for living, even before

the arrival of Christianity

1.

The origin of the word “Vatican” is unknown. Some state that it comes from the name of the Etruscan

town, Vatica n – disappeared long time ago – and, according to others, (as its Latin etymology certifies) from

“Vaticinia” namely the prophecy or prediction of destiny, which used to take made on Vatican hill by Etruscan

prophets, and later by roman augurs.

Another theory considers that the name comes from Latin Mons Vaticanus, Vatican Choline. It is a part

of Mons Vaticanus and of the former Vatica n fields where Saint Petru Basilica was built. Here is situated as well

the residence of popes named Apostolic Palace with the Sistine Chapel and the museums of Vatican, as well as

with many other buildings. The area was never entirely incorporated in the urban crowd of Rome until the end of

past century being separate from the city by Tiber River.

For Christians, Vatican acquired a high signification due to the fact that, in the year 6 7 our era, Saint

Petru was crucified there.

King Constantin, decr eeing the “religious pace”, built on Vatican hill a basilica, in the honour of Saint

Petru. Before him, Constantin accommodated Melhiade pope on Laterano hill, where the popes began to live. In

326 the first church, basilica of Constantin, was built on the tomb of Saint Petru, who was buried in an usual

cemetery from that place, and starting then the area began to populate2.

Leon III surrounded the entire Rome over Tiber with a wall, using the help rec eived from emperor Lotar

and the donations gathered from the entire Christian world. The works began in 852. Thus, a strong fortress was

built, 40-feet high, the first contour of the future cit y of Vatican. Later on, Pop e Nicolae V built a great part of

Vatican palace and founded the Library of Vatican. Therefore, Sixt III built the well-known Sistine Chapel. In

April 1506, Iuliu II founded the current basilica of Saint Petru. During the time of Sixt V, the constr uction o f

palace and of basilica was completed, and later on, the popes only attached thereof museums a nd libraries. After

the agreement from Lateran it was built the railway, it was founded the post office, a radio station, being

established as well telegraphic connections with the outside world.

As for P apal States, they began to exist after the reconciliation of Constantin with the c hurch and

pursuant to the agreement between the pope and Carol the Great. The first papal state was founded in 781 in the

region which includes Rome, Romagna and the region of the 5 cities (Rimini, Pesaso, Fana, Sinigaglia and

Ancon)3. But popes were r uling there only by name and until XV century they did not effectively rule they

states. When they reached the highest prosperity - at the beginning of XVI century – “the papal states included

the dukedoms Padua, Piacenza, Modena, Romagna, Urbino , Spoleto and Castro, Marca Ancona and Bologna

provinces, Perugia and Orviettano. Until the year 1860 they had a surface of 15.774 square miles, with a

population of three million inhabitants. In the year 1860, when the last Papal States – Romagna, Maca Anota and

Urbino – were attached to the new kingdom of Italy, the pope ruled only Rome and Latium province.”

 Univ. Lecturer Ph.D. Cristian JURA at Law Faculty, Christian University „Dimitrie Cantemir”, State Secretary at National Council for

Combating Discrimination, e-mail:cristianjura@yahoo.com

1 Grigore Geamnu – Drept international public, vol. II, Didactic and Pedagogic Publishing House, 1983.

2 Dumitru Mazilu - Drept international public, vol. I + II, Lumina Lex Publishing House, Bucharest, 2002.

3 Adrian Nstase, Dumitra Popescu, Florian Coman - Drept internationa l public, “Şansa” S.R.L. Publishing House and Press, Bucharest,

1994.