Law in Contemporary Society

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TaylorMcGowanSecondPaper 5 - 22 Apr 2010 - Main.TaylorMcGowan
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What is The Holy See? A State or An International Religious Organization?

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<		Although the two are often conflated, the Vatican and Holy See are actually different entities. The former is the city-state in Rome while the latter is the preeminent episcopal see within the Catholic Church. Therefore, when the United States established diplomatic relations with the Holy See in 1984, it recognized a religious organization rather than a state. Despite lacking the prerequisite characteristics of statehood however, the international community has treated the Holy See as a sui generis entity and the United States in particular has continually recognized the Holy See’s status as a foreign sovereign and its right to invoke legal immunity under the FSIA.
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>		Although the two are often conflated, the Vatican and Holy See are actually different entities. The former is the city-state in Rome while the latter is the preeminent episcopal see within the Catholic Church. Therefore, when the United States established diplomatic relations with the Holy See in 1984, it recognized a religious organization rather than a state. Despite lacking the prerequisite characteristics for statehood however, the international community has treated the Holy See as a sui generis entity and the United States in particular has continually recognized the Holy See’s status as a foreign sovereign and its right to invoke legal immunity under the FSIA.
 

If the U.S. Recognizes the Holy See, Why Debate Its Right to Sovereign Immunity?


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