Природа международной правосубъектности Мальтийского ордена

Правоведение. 2022. Т. 66. № 4. С. 371–385.

Ivanov E. A.

The article provides a theoretical analysis of historical roots and the nature of international legal

personality of the Order of Malta. The Order was established in 1048 to provide medical support

to the wounded and sick pilgrim in the Holy Land. In the following years, the Order became mili-

tary functions and participated in the Crusades. Power over territory and population was never

the main mission of the Order. In the author’s opinion, the Order of Malta was rather a platform

for cooperation of knights from different countries. However, in 16

th

–18

th

centuries, in the time

of the development of the concept of international legal personality, the Order of Malta has a

territorial sovereignty over Malta and the neighbourhood islands. It became a status of subject

of international law at the same time as states. A question regarding sovereignty of the Order

of Malta and of its status as a subject of international law arises after the occupation of Malta

by the Army of Napoleon in 1798 and the decision of the Vienna congress concerning Malta in

1814. The article justifies a crucial role of the constitutive theory of recognition for the continu-

ation of the international legal personality of the Order of Malta after the loss of territory. The

author also provides an overview of the Orden’s governance framework, laws and international

treaties. In light of current debates about the necessity of constitutional reforms in the Order of

Malta, the nature of the Order’s international legal personality represents a great academic and

practical interest.

Keywords: международное право, Мальтийский орден, международная правосубъектность, субъекты международного права, The Order of Malta, subjects of international law, recognition in international law, признание в международном праве, international law, теории признания