Subject of the International Law
The Royal House of Portugal (the House Saxon Coburg Gotha of Braganza),
and in person the Head of the Name and the Arms, HRH Dom Rosario, the
XXII Duke of Braganza, is destined to the international ordinance norms.
When the obligations are imposed, or the rights attributed, it is according
to the very same norms, and the faculty and juridical powers are as
well.
In
fact, the quality of the Subject of the International law is identified
with a juridical person of the Royal House of Portugal, in the person
of the Head of the same.
Likewise the Holy See, fully without territory during the period from
1870 till 1929, The Royal House realizes the conditions necessary
for
acquisition of the quality of the Subject of the International Law,
as it has a proper system (historical and actual) and is able to maintain
with the other subjects of the International law straight relations.
Principle of the effectiveness
The Royal House, for proper rights, assumes, “ipso facto”,
to be qualified to address the norms of the International Law, and become
in this way the Subject of the same.
Because of the principle of the effectiveness, the recognition of the
other States does not constitute the creative act of the international
personality. In fact, any of the eventual acts of recognition, would
be nothing more than a diplomatic act by which one state declares its
will to establish the relation with the Royal House.
The International Juridical Capacity
The Royal House is capable of maintaining bilateral relations, (i.e.
to appoint and receive diplomatic agents, establish foreign missions
etc). All this reenters the “JUS LEGATIONIS”. The capability
to send and receive consuls, however, reenters the “JUS INSTITUENDI
CONSULES”, while the capacity of concluding bilateral agreements
is a part of the “JUS CONTRAHENDI”.
Real International Rights
These right are attributed by the International system to the States
in reference to certain goods. A typical example is the right to
have
the Territorial sovereignty.
In the case of the Royal House, it is observed as the same, although
in effect, without the territory. The most expressive characteristic
of a State helps here to understand how the atypical State is brought
to so say Sovereignty of the State.
This sovereignty has to be perfect if considered, above all, the intern
sovereignty, in which it has been referred to juridical ordinance of
which the State holds the title and with which the State intends to
identify itself.
As such, the sovereignty indicates the authority of the government,
in which the State has been invested, respecting other subjects that
derive from internal ordinances of proper juridical personalities: internal
administration structures, those of internal public and private rights,
if and in how far the internal ordinance has been applied, could present.
Further, the so said personal sovereignity is applied, for which the
State accompanies with proper laws, the own (naturalized) citizens.
In the case of the Royal House, among the other, a characteristic not
to derive from any other ordinance, and the natural ability to put itself
at disposition and modify itself by itself, is evidenced in own system.
Considered this, the notion of the Real International rights implies,
in general, two distinguished categories of diplomatic and juridical
position of the States:
1.
The Juridical claim of the State, addressing the same rights, to exclude
the other States of any interference into the same (so said “JUS
EXCLUDENDI ALIOS, JUS ARCENDI ALIOS”);
2.
The duties of the States Internationally, not to train such eventual
interference.
However, as the Royal House has not already established a proper territory,
and as it is still not intervening in acquisition of goods to
be taken
in possession, (i.e. an island not being part of any other nation,
the so called “TERRA NULLIUS”), as the real international
rights are seen those, that are “RES OMNIUM COMMUNES” for
example the high seas, the atmospheric space and following the
actual orientation,
the polar lands and the cyberspace.
Subjective International rights
These rights may be basically classified by following criteria:
Absolute rights
These are derived from the general international norms, and as such
may be empowered against any subject.
Relative rights
Descending from conventional norms, these rights exist in relation to States eventually participating to agreement. They are:
Real
when they are concretized in a real situation, typically over goods
to which they refer to (i.e. the inviolability of the territory).
Personal
when they consist in the immateriality of goods not forming an
object, i.e.:
- The right to honor
For example, the honor of an state could be offended by offending flag, coat of arms, motto, outraging institutions, organs expressing the international personality, especially the Head of the very same state.
- The right to respect the flag
The international ordinance not only recognizes the right of the subjects
to a have a proper flag, but also protects it. If the flag
has been offended,
the International Law also states this fact as not allowed
and produces the proper consequences.
-
The right to officially denominate the State.
- The right to assert its own emblems.
Also, one of the fundamental rights is the AUTONOMY RIGHT, of which
the most expressive one is the RESERVED DOMINION right.
Having done the preamble, let us analyze the modality (which is how
and in what way) the Royal House has to protect the proper INTERNATIONALIZATION.
Once is the existence of the INTERNATIONAL JURIDICAL POWER is established
the Royal House has to establish regulations upon which proper
organs
will be organized following the rules of the international relations.
In short, the instruments that will assume the behaviours that
the
international law imputes to the same States.
Only through those activities, the Royal House, which is in realty
a conceptual entity, will become an effective center of will and
action.
Being called, for their nature, to negotiate with the organs of the
other states, in the field of the international relations, the
organs
of the international relations of the Royal House have to be regulated,
within their competencies, and their own juridical existence,
by the international
system, and particularly by the diplomatic law.
Basically, the institutional organs, consisting of individuals
(whose natural authority to want and work is used by the Royal
House to
organize them as centers of good will and action within the international
ambiance) but remaining their unique individual juridical and operative
unit, may be identified in the following way.
They are complex and long-lasting organs that continue to exist even
after the mission of the individuals they consist of, has
ceased.
(Thinking for example about the “CORTES”)
Regarding the normal seat they have, they are distinguished in two categories:
Central Organs
(Head of the State, Minister of the foreign affairs, Diplomatic Department)
Organs operating abroad
(Ambassadors, Embassies, Consuls and Consulates, etc)
For all the reasons above the Royal House has a concrete International Juridical Personality. Especially for the principle of the effectiveness: The Royal House, an entity formed within the reality of the effective international relations, and based on the realized internal predispositions, possesses all the concrete requisites to take the same relations, and has become “IPSO FACTO” destination of the norms of the general International law, and likewise, the subject of the same international system.
Declarations
of Human Rights
Vienna Convention: Diplomatic Relations
Vienna Convention: Consular Relations