1. Introduction
1.4. Methodology and Procedure
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10 the Republic of China moved to Taiwan in 1949, followed by the
ApostolicNunciature in 1951. Since then, the Holy See has been facing challenges and dilemmas across the Taiwan Strait. It is therefore important not only to examine the triangular relationship of the Holy See, the ROC and the PRC, but also the situation of the Vatican with the cross-Strait conundrum. In addition, we will analyze the policy of the Holy See toward China and Taiwan to determine the difficulties and the dilemmas encountered.Finally, in order to find a possible solution to the normalization of Sino-Vatican relations, this thesis will use a heuristic approach and analyze two models of Church-state diplomatic interactions: the Russian and the Vietnam cases.In conclusion, considering all the aspects and difficulties of the triangular relationship of Taiwan, the Holy See and China, we will conclude to the status quo because of the complexity of the situation in the cross-Strait and the conflict of authority between the Vatican and the PRC.
1.4. Methodology and Procedure
This thesis aims to highlight the politico-historical context of the diplomatic relations between the Holy See and the Republic of China until the present time in order to recognize a possible scenario in favor of the normalization process for Sino-Vatican relations. This study goes back in time and details milestones in the history of diplomatic relations between the Holy See and the Republic of China in order to explain their ties as well as the issues of Sino-Vatican relations. A historical-empirical approach is used for this thesis in order to benefit from the rigor of the historical method and the ductility of empirical research in the analysis of sources. Moreover, in the last chapter, we use the case study method and look at two models: Russia and Vietnam and their relations with the Apostolic See. These models are heuristic devices that can help to enlighten our reflection on the
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11 Sino-Vatican issue.
This study is clearly trans-disciplinary and adopts a holistic approach to Sino-Pontifical relations. It takes not only takes into consideration religion, theology, international geo-politics, geo-strategy and diplomacy, but also focuses on a social and specific context where these relations are implemented. On such a study as our thesis, we understand that there is a limitation to the interpretation of data, that there is a hermeneutical aim rather than a cognitive one, and that there is a diversity of opinion rather than a normative one. For this thesis, we have principally used two types of sources, primary and secondary. Primary sources are multiple with a diversity of subjects in the study. These primary sources are experts’ interviews, discourses and political actions, official documents, agreements, credential letters.
Many essays or journalistic articles were written about Sino-Vatican relations and the difficulties of the Apostolic See in establishing ties with China. While, there is a large literature about China and the Catholic Church, there is a paucity of studies in the specific topic of the relations between Taiwan and the Vatican. Most of the periodical articles or books in English focus on China-Vatican relations; the question of Taiwan-Vatican relations has not been the center of these studies but only one part or one chapter. The public lecture of Ambassador Raymond Tai The Vatican’s Dilemmas: Taipei and/or Beijing?, given in 2002 at the International Institute of Asia Studies and the Sinological Institute of Leiden University (Netherlands), has not only helped me considerably to understand the history and the nature of ROC-Vatican bilateral relations, but also the dilemmas of the Catholic Church with China and Taiwan.
In order to have a clear comprehension of Vatican’s diplomacy with the
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12 Republic of China that started 70 years ago, I first benefited from the advice given
by my thesis director, Professor Tou Chou-seng, who was ambassador of the ROC to the Holy See. He helped me to identify not only the meaning of the relations between the two states, but also the challenges of these ties since 1949 when the ROC government shifted to Taiwan and the PRC was proclaimed. Professor Tou challenged me with many questions that were problematic to my research field; I came to understand that it was first essential to define the status and mission of the Holy See. For this aim, I read The Holy See and the International Order (Cardinale, 1976), and The Holy See in Multilateral Diplomacy (Dupuy, 2003) and Chao’s papers (1997, 2000). Other books in French gave me the key and tools to have a clear understanding of the Holy See and the purpose of its diplomacy: Le Saint-Siège et la diplomatie, Aperçu historique, juridique et pratique de la diplomatie pontificale (Cardinale, 1962), Urbi et Orbi. Enquête sur la géopolitique vaticane (Colonna-Cesari, 1992) or Le Saint-Siège, sujet souverain de droit international (Barberini, 2003). Dr. Tou introduced me Fabrizio Bozzato who is currently a Ph.D. student at the Graduate Institute of International Affairs and Strategic Studies at Tamkang University and also an associate researcher at the Ricci Institute in Taipei. Outstanding political analyst with a double expertise in Pacific Studies and China-Holy See relations, he has been very kind and of so much help to me from the very beginning of my research. He explained me so well to me the methodology to adopt for this kind of research and spent so many hours to share with me his incredible knowledge about the Holy See’s Sinopolitik.
The book , Christians in China (2002), of Reverend Jean Charbonnier, my confrere that I met in Paris to interview, and those of Louis Wei Tsing-Sing, Le Saint Siège, la France et la Chine sous le pontificat de Léon XIII (1966, the Holy See,
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13 France and China under the pontificate of Leo XIII) and le Saint-Siège et la Chine
de Pie XI à nos jours (1968, the Holy See and China from Pius XI to our present time) have opened for me the doors to enter into the heart of the history of ROC-Vatican diplomacy.
I went to Rome, Italy and had the privilege to meet ROC Ambassador to the Holy See, H. E. Larry Wang who explained to me the essence of the diplomatic ties of his country with the See of Peter in promoting human dignity, global poverty alleviation, world peace, democracy, religious freedom… He gave me a lot of documents such as his credential letters, his speech upon presenting to the Holy Father his letters of credence and the Pope’s address on that occasion.In the Eternal city, I met experts like Dr. Peter Chiang, a journalist based at Radio Vatican who spent long hours with me answering my multitude of questions. I also got the opportunity to discuss with clergymen like Reverend Angelo Lazzaroto, Pontifical Institute of Foreign Missions (PIME) and Reverend Wilhelm Müller, Society of the Divine Word (S.V.D.), who gave me a good bibliography that has helped me to take the right directions in this study of the relations between the Supreme government of the Catholic Church and Taipei. It was important for me to meet them to have more information and explanations about my specific research in the field of Taiwanese studies
In 2002, Professor Chen Fang-Chung of Fu Jen University, Taipei, published A Collection of Documents on the History of the 60 Years of Sino-Vatican Diplomatic Relations. This book is a treasure for my research because it not only provides me the official letters, addresses and speeches exchanged between the Apostolic See and the Republic of China but also the pontifical documents towards China. This book
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14 provides precious reference materials for scholars and students who want to perform
research in that field. Likewise, the compilation of Papal documents of Elmer Wurth, related to China (1937-2005), offers a lot of material. This latter book has definitely helped me to understand the Sino-Vatican relations and the situation of Taiwan. I found in this book one important text of John Paul II: To the Taiwan Bishops and the Chinese Diaspora: “Be a Bridge-Church”, that shows how much the Pope desires Taiwan to play a role in the process of rapprochement of the Church with China. In these pontifical documents, we can feel and understand the spirit and aims of the Holy See’s diplomacy.
Beijing has laid down two preconditions to the Vatican in order to normalize diplomatic relations: the nomination of bishops, namely, the non-interference in China's internal affairs and the end of its relations with Taiwan. These Vatican-Taiwan relations have not been so much explored and developed. We found papers, journalistic articles, books and on the data-base of NCCU i-library and other documents on the Internet that are about China-Vatican relations. Then, we collected everything where the Taiwan factor was mentioned in order to lead our study. The publications of Beatrice Leung (1998, 2005), Gerald Chan (1989) and Luehrmann (2009) are of great interest but become obsolete as time flows. We keep ourselves updated on this topic thanks to all the online articles on the websites of the Holy Spirit center in Hong-Kong (http://www.hsstudyc.org.hk/en/en_main.html), the blog of the Vaticanist, Andrea Tornielli (http://2.andreatornielli.it/), 30 days which is international monthly magazine directed by Giulio Andreotti (http://www.30giorni.it/index_l3.htm), Asianews.it (http://www.asianews.it/en.html) or Chiesa, the website of the Vaticanist, Sandro Magister (http://chiesa.espresso.repubblica.it/?eng=y). We also lead the same procedure of
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15 research online for the study of the Russia-Vatican and Vietnam-Vatican relations of
the chapter 7 of this thesis.
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16 2. The International Status of the Holy See
2.1. Introduction
The Roman Catholic Church is the only religious institution in the world to have diplomatic relations with other states and that is concerned with international law. The Catholic Church is ruled by a supreme organ that is defined as Holy See.27These are two distinct entities that should not be confused with each other. In fact, The Holy See is to the Church what the government is to the State, with the difference being that the monarchical constitution of the Church, being of divine origin, is not subject to change.28 Actually, the term Holy See has three different meanings. Sometimes, it denotes the Pope together with the central offices of the Roman Curia, formed of the sacred congregations, the tribunals and the various other departments. Sometimes it designates the Pope in his role as visible head of the Church, possessing the Apostolic primacy as successor of St. Peter. Finally, it sometimes indicates the spiritual organization of Papalgovernment.29
In 1929, the Lateran Treaty defined the sovereignty and the independence of the Holy See and gave it a territory that is the Vatican City State. The Holy See has quite an atypical status in the international realm. In fact, the international and juridical status of the Holy See because of its quite unique situation has been the subject of many controversies and discussions in the international community. Thus, this chapter aims to clarify the international status of the Holy See, its connection with the Catholic Church, the nature of the Vatican City State and the mission of the
27The word “See” comes from the Latin sedes which means seat. This seat refers to the seat or the residence of the Bishop. “Holy See” refers to the preeminent seat of the Bishop of Rome who is the Pope. The term “See” refers to the “Chair of Peter”: that is, to the symbol of the teaching and governing authority of the first of the Apostles, Simon Peter, whose successor the Pope is: hence it is qualified as Apostolic or Holy.
28Cardinale, I. (1976). The Holy See and the International Order. Toronto: Gerrards Cross : Smythe, p. 85
29Ibid. p. 82
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17 pontifical diplomacy. It is important to point out its legitimacy to act in the
international arena but also to explain the special characteristics of the pontifical diplomacy to better understand its ties with the Republic of China.
2.2. The Legal Status of the Holy See in Public International Law 2.2.1. The Papal States and the Roman Question
Relations between the Church and the various States have existed from time immemorial.30 Throughout the existence of the Papal States, the Pope was a monarch and, as such, the equal of all other monarchs. His influence and privileges granted to him by the different European states were due not solely to his status of monarch of a state, but also to his position as the Head of the Roman Catholic Church.31 On September 20, 1870, Italian troops occupied Rome and invaded the Papal States.32 Then, Rome, capital of the Supreme government of the Catholic Church, became the Italian Capital of King Victor-Emmanuel II. The Pope, Pius IX, was no longer considered as a territorial sovereign and this storming of Rome became known as the “Roman Question”. Even though the Pope had no more territories, the Holy See retained its international personality. It continued to have relations with many states, to exercise the ius legationis (that is the right of active and passive legation33), to apply the ius foedorum ac tractatum and ius contrahendi (that is to negotiate and conclude concordats, treaties and agreements with other states).
The Supreme Pontiff has always been recognized as a sovereign and a subject
30Cardinale, I. (1976). The Holy See and the International Order, p. 76
31Chao, J. (1997). Juridical, Functional and Operational Factors Affecting Vatican Diplomacy.
Tamkang Journal of International Affairs, 1(2), p. 20
32 See map
33 The right of active legation is the right of a stateto send envoys to other states or international organizations. The right of passive legation is the right of a state to receive envoys from other states.
The right of legation is a consequence of sovereignty.
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18 of international law despite the absence of a temporal sovereignty as during the
Italian conquest. Indeed, the Holy See has a spiritual sovereignty that is independent to any territory. This spiritual aspect is one of the two sides of its sovereignty.
According to the Code of Canon Law:
Can. 361: The terms Holy See mean not only the Roman Pontiff, but also, unless the contrary is clear from the nature of things or from the context, the Secretariat of State, the Council for the public affairs of the Church, and the other Institutes of the Roman Curia. They constitute the central administration and therefore the government of the Catholic Church.34
Thus, the place of the Holy See and its presence on the international scene is explained by its supreme authority over the Catholic Church. The spiritual sovereignty is the sovereignty by excellence attributed to the Pope, head of the Church. The international personality of the Holy See comes from it.35
2.2.2. The Holy See and its International Personality
In 1929, a settlement to this so-called “Roman Question” was achieved with the Treaty of Lateran.36 With this treaty37, the Holy See gained its international recognition and was approved as a person of international law. In fact, the Treaty was founded upon the presumption that the Holy See possessed international personality. In the Article 2, this treaty states that:
34Catholic Church.(1983). Code of Canon Law, Latin - English. Vatican City: Libreria Editrice Vaticana, Can. 361
35Barberini, G. (2003). Le Saint-Siège, sujet de droit international.Paris, France: Cerf, p. 38
36 The treaty of Lateran is also known as “The Lateran Pacts” according to the literal translation of Italian Patti lateranensi
37The Lateran Pacts of 1929 contained three sections—the Treaty of Conciliation (27 articles) which established Vatican City as an independent state, restoring the civil sovereignty of the Pope as a monarch, the Financial Convention annexed to the treaty (3 articles) which compensated the Holy See for loss of the Papal states, and the Concordat (45 articles), which dealt with the Roman Catholic Church's ecclesiastical relations with the Italian State.
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19 Italy recognizes the sovereignty of the Holy See in international matters as
an inherent attribute in conformity with its traditions and the requirements of its mission to the world.38
The Italian government therefore recognizes the Supreme Institution of the Church as an autonomous and independent entity that has an individual legal subjectivity at the international level. The Lateran Treaty is an international act which also concerns third states.39This sovereignty allows the Holy See to participate in international relations and gives it the right to be considered as a subject of international law. The Holy See is therefore legitimate to intervene on the world stage. Nevertheless, the Pope might continue to act even without any territory, given that international law tends to extend the notion of international personality to governmental international organizations that do not necessarily have the state status.
The fact that the Holy See is a non-territorial institution is no longer regarded as a reason for denying its international personality. The papacy can act in its own name in the international community. It can enter into legally binding conventions known as concordats. Indeed, in the world of diplomacy the Pope enjoys the rights of active and passive legation. He can send and receive representatives who are public ministers in the sense of international law.40 Furthermore, this personality of the Holy See is distinct from the personality of the State of Vatican City which is a
38Article 2 of the Lateran Pacts of 1929: Treaty between the Holy See and Italy in the Name of the Most Holy Trinity. Retrieved December 12, 2011, from
http://www.vaticanstate.va/NR/rdonlyres/3F574885-EAD5-47E9-A547-C3717005E861/2528/Latera nTreaty.pdf
39Barberini, G. (2003). Le Saint-Siège, sujet de droit international. Paris, France: Cerf, p. 37 (Le traité du Latran est un acte international qui concerne également les Etats tiers)
40Graham, R. (1959). Vatican diplomacy : a study of Church and state on the international plane.
Princeton, New Jersey, USA: Princeton University Press, p. 201
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20 territorial entity. The papacy as a religious organ is a subject of international law and
capable of international rights and duties.41The Sovereignty of the Pope is recognized internationally and provides legitimacy to the Holy See to intervene on the world stage. To reinforce this idea of the Sovereignty of the Pope independent to the territory, Cardinal Jean-Louis Tauran, a former Under-Secretary for Relations with States42 of the Vatican said that “the Holy See is not a state, but a sovereign moral force, the expression of the Papacy on the international scene”.43
2.3. The Holy See and the Founding of the Vatican City State 2.3.1. The Vatican City State: a Vassal State
The creation of the Vatican City State (Stato della Città del Vaticano in Italian), in 1929 by the Treaty of Lateran, provides the Holy See with a temporal jurisdiction
The creation of the Vatican City State (Stato della Città del Vaticano in Italian), in 1929 by the Treaty of Lateran, provides the Holy See with a temporal jurisdiction