Rethinking the Sovereign Status of the Holy See: Towards a Greater Equality of States and Greater Protection of Citizens in United States Courts

Authors

• James Fantau

Abstract

The note advocates for the reclassification of the Holy See from a sovereign state to an instrumentality under the Foreign Sovereign Immunities Act (FSIA). This change would enhance legal accountability, particularly in cases involving sexual abuse scandals, by allowing plaintiffs to sue the Holy See more effectively. The argument is based on legal tests, including the core functions test and the legal characteristics test, which suggest that the Holy See functions more as an instrumentality of the Vatican City State rather than a sovereign entity.

Disciplines

Courts | Jurisdiction | Law | Torts

Recommended Citation

James Fantau, Rethinking the Sovereign Status of the Holy See: Towards a Greater Equality of States and Greater Protection of Citizens in United States Courts, 19 Cardozo J. Int'l & Comp. L. 487 (2011).
Available at: https://larc.cardozo.yu.edu/cjicl/vol19/iss2/7