International subjectivity of the Order of Malta

Abstract

Background: The subject of this article is to consider the position of the Sovereign Knightly Hospitaller Order of Saint John of Jerusalem, Rhodes and Malta in the international arena based on its attributes that characterize entities with international legal subjectivity.

Research purpose: The main research purpose of the work is to determine whether equipping the Order of Malta with some of the rights vested in subjects of international law while not having territory, population or sovereignty in the traditional sense is sufficient to recognize the Order’s international legal personality. Both the Order of Malta’s ability to conclude international agreements and the right to receive and send diplomatic representatives are subject to certain limitations. The Order also does not have, in principle, the ability to participate in international conferences in the traditional sense since its delegates have only observer status at them, which means that they do not have the right to vote on draft agreements being prepared.

Methods: The research was carried out primarily using the historical and legal method, taking into account the typically extracted periods in the history of the Order of Malta, i.e. the period before the establishment of the Kingdom of Jerusalem (until 1099), the Jerusalem period (1099–1291), the Cypriot period (1291–1310), Rhodian (1310–1522) and Maltese (1530–1798), as well as the sociological method.

Conclusions: The conclusion of the research conducted in this way boils down to the statement that the Order of Malta, as an entity of a special nature, has international legal subjectivity, although with a limited scope. It exercises the rights of international legal subjects, primarily by concluding international agreements and establishing and maintaining diplomatic relations with states and international organizations.