Understand by non-governmental organizations (NGOs) “partnerships, foundations and private institutions, the result of private or mixed with the exclusion of any intergovernmental agreement, consisting of long-term, spontaneous and free public or private persons, natural or legal different nationalities, expressing solidarity transnational pursue profit without a spirit of international concern and have been created under the domestic law of a State. ” On April 20, 1988 signed a convention in Geneva between the Order of Malta, represented by CIOMAL and the Board of Action Against Leprosy (J.A.L.). On September 20 1988 was signed in Aleppo (Syria) A Convention between the Order and the Salesian Sisters “Daughters of Mary Help of Christians” about the creation of a center for the promotion of young girls. 8. Legal basis of relations of public law the precondition that an entity must meet to be linked to another according to law is to have legal personality. Subjects have it under a legal system. All individuals in accordance with natural law, have legal personality, ie are capable of being subjects of rights and duties in their legal relations. As the key note sociability of human nature, it is also necessary that the group of men to facilitate the ultimate goal of obtaining natural for each member holds. The Church by divine right, a group of individuals to facilitate obtaining the ultimate supernatural end of each member also possesses. Thus, in general, and needed just individuals and two companies have legal personality perfect. Convictions to “civil death” or the denial of certain individuals of their legal authority that would impose only have effect within the scope of its empire, but it would be absurd, for contrary to human nature, thinking that what they have in field of natural law. Poses no problem determining who are the individuals or which is the Church, but is more complicated to determine whether a given society must be considered perfect society, because the determination must be made in accordance with the political right, which is already standard mutable. At present the society is reflected in what we call states, but these are being gradually evolving to waive some of the manifestations of their sovereignty. Each law provides those who enjoy legal personality for each class of relations. There is a legal system that poses special difficulties, the international. The Simon Wisenthal Center recently recognized. – was honored at the Center’s Annual dinner. Others are dictated by an authority to its subjects, but the international is not dictated by a higher authority. Legal rules that were agreed between two or more states can only be crudely compared to the standards set for two individuals related to each other, since the limit of these is determined by the laws of the State, while international agreements are only limited by natural law and positive divine and the rules and precedents. Besides international law has a certain vocation to apply in a general way, sometimes even imposed on States which have not accepted. Finally, in international law have lot of important situations. Without any specific law in international law who have provided legal, have made the states and the Holy See. Note that while we talk about right “inter-national”, referring to nations (a concept difficult to define today and certainly not identifiable to the States or the people), the Holy See participates in the discussion and not without cause the minimum area. Historically, not only were the States who have had international legal personality of public law. Today, for example, do international organizations and is also expected with the current proliferation of NGOs, the situation can change. With nearly a millennium of existence, the Order of Malta can claim the title of being the oldest international legal person after the Papacy. In fact, however, only some states will recognize their international legal personality. So if nearly all those who have had more to do or have with the Order.
The sovereign power is characterized by: a) extension, b) its autonomy within the State and c) the independence of its external exercise. There are two problems to consider the Sovereign Order of Malta:
1) Lack of land
2) The reconciliation of a submission to the Holy See as a religious order and organizational autonomy and action “erga omnes” in the international arena.
What should briefly clarify is that legal title to justify the special position of the Order of Malta on the international scene.
- U.S. News