教廷與中華民國之外交關係（一九四二年至二○一二年）: 歷史、挑戰與前景 - 政大學術集成

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(1)國立政治大學亞太研究英語碩士學位學程 International Master’s Program in Asia-Pacific Studies College of Social Sciences National Chengchi University 碩士論文 Master’s Thesis. 立. 政治大. ‧. ‧ 國. 學. 「教廷與中華民國之外交關係（一九四二年至二○一二年）: 歷史、挑戰與前景」. n. al. er. io. sit. y. Nat. The Diplomatic Relations between the Holy See and the Republic of China from 1942 to 2012: History, Challenges, and Perspectives. Ch. engchi. i Un. v. Student : Landry Védrenne Advisor : Chou-sengTou, Ph.D.. 中華民國 101 年 06 月 June 2012.

(2) 「教廷與中華民國之外交關係（一九四二年至二○一二年）: 歷史、挑戰與前景」 The diplomatic relations between the Holy See and the Republic of China from 1942 to 2012: History, challenges and perspectives. 研究生:鄭天龍. Student : Landry Védrenne. 治. 政 Advisor : 大指導教授:杜筑生博士 Chou-sengTou, Ph.D.. 立. ‧ 國. 學國立政治大學. Nat. 碩士論文. n. al. er. io. sit. y. ‧. 亞太研究英語碩士學位學程. Ch. engchi. i Un. v. A Thesis Submitted to International Master’s Program in Asia-Pacific Studies National Chengchi University In partial fulfillment of the Requirement For the degree of Master in China Studies. 中華民國 101 年 06 月 June 2012.

(3) . À mon père bien aimé,. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. i Un. v. i.

(4) . Through its presence in the international community the Holy See seeks to defend the very structure of human rights, including the fundamental right to religious freedom, to foster an ever greater awareness of the moral and ethical obligations of political, social and economic power, and to remind the international. 治政 community of the needs and sufferings of the weak大 and unprotected. 立 ‧ 國. 學. Blessed Pope John Paul II, 25 March 1995.. ‧. n. er. io. sit. y. Nat. al. Ch. engchi. i Un. v. ii.

(5) . Acknowledgments. I thank God for the gift of life and for his ineffable Love. He gives me so many blessings and it is with a heart filled with gratitude that I contemplate Him.. I am deeply grateful to my thesis’s director, Dr. Chou-seng Tou, whose patience, advice and guidance from the initial to the final stage enabled me to complete this thesis. Indeed, I learned a lot from Dr. Tou who is a self-driven and devoted professor. I also would like to thank his wife, Dr. Maria Chiu, who has been. 治政 supporting me from the very first day of my arrival大 in Taiwan. She is an outstanding 立 professor and her encouragements are invaluable. I express my sincere respect and ‧ 國. 學. gratitude to the final defense committee members: Professor David Blundell and. er. io. sit. y. Nat. suggestions that helped me considerably.. ‧. Professor Chen Fang-chung. They provided me many concrete and constructive. I am thankful to Professor Ping-Yin Kuan, the IMAS director, all the professors,. al. n. iv n C the Staff members and my classmates. made my academic journey in Taiwan h e n gThey chi U enjoyable and so inspiring. Moreover, I had the opportunity to go to Italy for an exchange program and I thank the Pontifical University of the Holy Cross in Rome (PUSC) for its remarkable formation.. I sincerely thank H.E. Ambassador Larry Yu-yuan Wang who welcomed me so many times at the R.O.C Embassy to the Holy See in Rome and explained me so well the challenges of Sino-Vatican relations. He shared with me his precious time to answer my multitude of questions and provided me with useful research material. He is an exceptional person and I will always remember his kindness toward me. iii.

(6) . I owe many thanks to the MEP Fathers and especially to my confreres in Hualien for their brotherhood and support. I am thankful to numerous ecclesiastics and academics who encouraged me in my research and helped me to identify the main problems in the triangular relations ROC-Vatican-PRC. I acknowledge my confrere Reverend Jean Charbonnier, mep who spent hours to help me to understand the History of the Church in China. I give my thanks to Reverend Angelo Lazzaroto, pime and Reverend Wilhem Müller, svd for their advices. I thank Commendator Dr Peter Chiang, distinguished professor at Fujen Catholic University and journalist at. 治政 Radio Vatican. His guidance and help during my stay 大in Rome are priceless. 立 ‧ 國. 學. In Taipei, the Xaverian Fathers welcomed me in their house and made me feel. ‧. at home among them. I am deeply touched by their kindness and generosity. They. sit. y. Nat. are great missionaries and such a wonderful source of inspiration for me. I express. io. er. them all my gratitude but also admiration. Thank you to the French Pontifical Major Seminary and the Pontifical Institute of Foreign Missions who offered me. n. al. C hfor my research. U n i hospitality when I was in Rome engchi. v. Very special thanks to Dr. Alice Weidemann and Professor Thérèse Lu of the U.S. department of Education for their continuous support. I am honored to have received so much from their expertise and am so grateful for all their encouragements. Indeed, I have benefited a lot from their great knowledge and wisdom.. Thank you to Mr. Paul Silagi who was so kind to edit my thesis. His friendship and patience mean a lot to me. iv.

(7) . Finally, I dedicate this research to my beloved family who supports me so much and always prays for me. The love of my family is my greatest reward. May God bless and protect each of them always.. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. i Un. v. v.

(8) . Abstract. Diplomatic relations between the Republic of China (ROC) and the Holy See were established in 1942. However, after a devastating civil war, the Chinese Communists gained control of Mainland China in 1949 and established the People’s Republic of China (PRC) in Beijing. As a consequence, the Nationalist government of the ROC was forced to move from Nanking to Taipei, Taiwan. The Papal representative continued to remain at his post but the Communist government expelled him in 1951. In the following year, the Holy See decided to relocate its ApostolicNunciature to. 治政 Taipei and maintain its ties with the ROC. The tensions 大 in the Strait between the two 立 Chinese governments have put the Sino-Vatican relations to several tests. Indeed, the ‧ 國. 學. Vatican desires to normalize its relations with the PRC but is also confronted with. ‧. two major issues imposed by Beijing which requests the direction of the Catholic. sit. y. Nat. Church in China and the end of the Holy See’s recognition of Taipei. It would strike. io. er. a serious blow to Taipei if the Supreme government of the Catholic Church decides to break off diplomatic relations. It will also create a fragile position for Taiwan on. al. n. iv n C diplomatic stage the Holy See, h e nsince gchi U. the international. at present, is the only. European ally to officially recognize the ROC government. The relations of the Holy See with Taiwan are characterized by a mutually productive and cooperative partnership, especially in the promotion of human rights, culture, world peace and advocacy of religious freedom and alleviation of global poverty. This thesis aims to clarify the triangular situation between the Vatican, the ROC and the PRC and to show the challenges as well as the dilemmas the Holy See is confronted with in order to normalize its relations with China. First, this study explains the international status of the Holy See and its specific mission. Then, through a diachronic analysis, this thesis traces the evolution of Sino-Vatican relations to later on identify the vi.

(9) . difficulties the Holy See has to face across the Taiwan Strait. Then, it will analyze the efforts of Pope Benedict XVI to initiate a rapprochement with China and all the issues that have to be solved before negotiating any diplomatic ties. Based on this analysis, this thesis will show that the PRC and the Holy See are still at a stalemate and that the Vatican won’t move its Nunciature from Taipei in the foreseeable future.. Key-words: Republic of China, Holy See, People’s Republic of China, Sino-Vatican diplomatic relations, ApostolicNunciature, religious freedom, challenges, dilemmas, stalemate.. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. i Un. v. vii.

(10) . TABLE OF CONTENTS Acknowledgments ...................................................................................................... iii Abstract ........................................................................................................................ vi 1. . Introduction ...................................................................................................... 1 . 1.1. . Purpose of the Research ..................................................................................... 1 . 1.2. . Literature Review............................................................................................... 2 . 1.3. . Theoretical Framework and Thesis Outline ....................................................... 9 . 1.4. . Methodology and Procedure ............................................................................ 10 . 2. . The International Status of the Holy See ..................................................... 16 . 2.1. . Introduction ...................................................................................................... 16 . 立. 政治大. ‧. ‧ 國. 學. n. al. er. io. sit. y. Nat. 2.2. The Legal Status of the Holy See in Public International Law........................ 17 2.2.1. The Papal States and the Roman Question .................................................. 17 2.2.2. The Holy See and its International Personality ........................................... 18 . i Un. v. 2.3. The Holy See and the Founding of the Vatican City State .............................. 20 2.3.1. The Vatican City State: a Vassal State ......................................................... 20 2.3.2. Sovereignty and Independence of the Holy See ........................................... 21 2.3.3. The Holy See: a Sui Generis Entity.............................................................. 23 . Ch. engchi. 2.4. The Mission and Interests of the Holy See ...................................................... 25 2.4.1. A Diplomacy at the Service of Peace ........................................................... 25 2.4.2. A Diplomacy at the Service of Religious Freedom ...................................... 26 2.4.3. A Diplomacy at the Service of Humankind .................................................. 27 2.5. . Conclusion ....................................................................................................... 29 . 3. . Historical Evolution of Sino-Vatican Relations ........................................... 32 . 3.1. . Introduction ...................................................................................................... 32 . viii.

(11) . 3.2. From the Apostolic Delegation to the Apostolic Nunciature in China ............ 33 3.2.1. Archbishop Celso Costantini, First Apostolic Delegate to China ............... 33 3.2.2. The Holy See and the Manchukuo ............................................................... 37 3.2.3. Archbishop Antonio Riberi, First Internuncio of the Holy See to China ..... 40 3.3. Holy See’s Policy in China from Pope Pius XII to Pope Benedict XVI.......... 42 3.3.1. Pope Pius XII ............................................................................................... 42 3.3.2. Pope John XXIII ........................................................................................... 47 3.3.3. Pope Paul VI ................................................................................................ 48 3.3.4. Pope John Paul II ........................................................................................ 50 3.3.5. Pope Benedict XVI ....................................................................................... 55 3.4. The ROC and the Holy See in “Ilha Formosa” ................................................ 56 3.4.1. The First Arrival of the Catholic Church in Formosa ................................. 56 3.4.2. The Chinese Nationalists and the Apostolic Internuncio in Taiwan ............ 57 3.4.3. . 政治大 The Holy See,立 Taiwan and the Entrance of the PRC at the United Nations 59 . Conclusion ....................................................................................................... 60 . 4. . The Holy See and the Cross-Strait Conundrum ......................................... 62 . 4.1. . Introduction ...................................................................................................... 62 . ‧. ‧ 國. 學. 3.5. . sit. y. Nat. n. al. er. io. 4.2. The Ties and Shared Ideals between the Holy See and the Republic of China63 4.2.1. Human Rights, Peace and Religious Freedom ............................................ 63 4.2.2. Humanitarian Cooperation between the Holy See and Taiwan ................... 68 4.2.3. Recent Agreements and cooperation between the Holy See and Taiwan ..... 72 . Ch. engchi. i Un. v. 4.3. The Holy See and “the Two-China” Dilemma................................................. 74 4.3.1. The Holy See and the Article 56 of the PRC Common Program ................. 74 4.3.2. 4.3.3. . Prudence of the Holy See’s Diplomacy in the Cross-Strait.......................... 77 Taiwan’s Concern by the Vatican’s Rapprochement Attempts with China ... 79 . 4.4. Pax Vobiscum: Cross-Strait Tensions and Papal Exhortations to dialogue ..... 88 4.4.1. The Church of Taiwan : a Bridge-Church.................................................... 88 4.4.2. Encouragements of the Holy See for Peace Between China and Taiwan .... 92 4.5. . Conclusion ....................................................................................................... 97 . 5. The Holy See and the Efforts of Rapprochement with China under the Pontificate of Pope Benedict XVI ........................................................................... 100 . ix.

(12) . 5.1. . Introduction .................................................................................................... 100 . 5.2. Pope Benedict XVI and his Attempts to Dialogue with China ...................... 101 5.2.1. The Beginning of a New Phase .................................................................. 101 5.2.2. Cardinal Zen and the Vatican’s New Policy on China ............................... 103 5.2.3. A Vatican “Private” Top Level Meeting on China in January 2007 ......... 104 5.3. Pope Benedict XVI’s Letter to Chinese Catholics ......................................... 106 5.3.1. An Appeal for Cooperation at the Service of Humankind ......................... 106 5.3.2. An Appeal for a Unified Chinese Catholic Church.................................... 108 5.3.3. An Appeal for Religious Freedom: the Appointment of Bishops in China 109 5.4. The Aftermath of Pope Benedict XVI’s Letter to the Church in China ......... 111 5.4.1. Reactions of the Chinese Government ....................................................... 111 5.4.2. Reactions of the Holy See .......................................................................... 114 . 立. 政治大. Conclusion ..................................................................................................... 117 . 6. . Difficulties in Normalizing Sino-Vatican Relations .................................. 118 . 6.1. . Introduction .................................................................................................... 118 . ‧. ‧ 國. 學. 5.5. . n. al. er. io. sit. y. Nat. 6.2. The Religious Policy of the PRC and its Practice.......................................... 119 6.2.1. The Maoist Ideology vis-à-vis Religion ..................................................... 119 6.2.2. The Maoist ideology and Catholicism ....................................................... 122 6.2.3. Deng Xiaoping’s Open Door policy and its Effects on Religion ................ 123 . Ch. engchi. i Un. v. 6.3. The challenge of the PRC to the Holy See: the Two Pre-Conditions ............ 127 6.3.1. First Pre-condition: Relations with Taiwan ............................................... 127 6.3.2. Second Pre-condition: Nominations of Bishops ........................................ 130 6.4. Prospects on Negotiations: Gains, Risks and Losses ..................................... 133 6.4.1. Potential Compromises on the Taiwan Issue ............................................. 133 6.4.2. Religious Freedom and Appointments of Bishops ..................................... 136 6.5. . Conclusion ..................................................................................................... 140 . 7. . Scenarios on Sino-Vatican Relations .......................................................... 143 . 7.1. . Introduction .................................................................................................... 143 . 7.2. . The Model of Russia-Vatican Relations ........................................................ 143 . x.

(13) . 7.2.1. 7.2.2. 7.2.3. . Perestroika and Glasnost ........................................................................... 143 The Vatican and the Russian Orthodox Church ......................................... 145 Full Diplomatic Relations Between Russia and the Holy See ................... 146 . 7.3. The Model of Vietnam-Vatican relations ....................................................... 147 7.3.1. The Historical Visit of Vietnam’s Prime Minister to the Vatican ............... 147 7.3.2. The Pope’s Non-Resident Envoy to Vietnam .............................................. 148 7.3.3. Nominations of Bishops in Vietnam ........................................................... 150 7.4. Can Sino-Vatican Relations Follow One of These Two Models? .................. 151 7.4.1. Difficulties in Applying the Russian-Vatican Model .................................. 151 7.4.2. Limits of the Vietnam-Vatican Model for the Chinese Case ...................... 153 7.4.3. Prospects and Ways Forward..................................................................... 154 . 政治大. 7.5. . Conclusion ..................................................................................................... 155 . 8. . Conclusion .................................................................................................... 157 . 立. ‧ 國. 學. Annexes ..................................................................................................................... 162 . ‧. sit. y. Nat. Annex 1 : The Diplomatic Representatives of the Republic of China and the Holy See Papal Representatives.......................................................................................... 162 . io. al. er. Annex 2 : Taiwan Catholic Church Statistics in 2009 ............................................... 164 . n. Annex 3 : Map of Taiwan and the Taiwan Strait ....................................................... 165 . Ch. engchi. i Un. v. Annex 4 : Territory claimed by the Republic of China .............................................. 166 Bibliography ............................................................................................................. 167 . xi.

(14) . 1. Introduction 1.1. Purpose of the Research This year, 2012, is of great significant importance for the Republic of China (Taiwan) because it marks the 70th anniversary of its diplomatic ties with the Holy See, the 90th anniversary of the arrival of the first ApostolicDelegate in China, Cardinal Costantini, and the 101st anniversary of its founding. The aim of this thesis is to give a clear understanding of the bilateral relations of the Holy See with the Republic of China and the challenges of such ties, as well as to identify the perspectives on Sino-Vatican relations on both sides of the Strait. Through the. 治政 history of these relations, this paper wants to show大 the peaceful coexistence but also 立 the issues that can exist between Church and State with the case study of the ‧ 國. 學. Republic of China. Indeed, the ROC-Vatican ties have remained friendly and stable. ‧. throughout the years mainly because of their common belief in the sublime ideal of. y. Nat. respect for humanity, democracy, freedom, human rights, world peace and also the. er. io. sit. promotion of the greater welfare for each human being. The analysis of the 70th year anniversary of cordial ties between the ROC and the Holy See will show the. al. n. iv n C expression of the closeness existing Catholicism and Chinese culture. These h e between ngchi U diplomatic ties are definitely based on shared beliefs and goals, and not on ordinary. worldly interests and advantages. Having understood the meaning of such ties, this research will not only emphasize the challenges the Holy See is facing with the PRC but also its mission and vocation to serve the people on both sides of the Taiwan Strait. Indeed, the Holy See wants to return to China, where it was expelled in 1951, in order to reach not only Chinese Catholics but the whole nation. Many speculations have been done about a possible relocation of the ApostolicNunciature from Taipei to Beijing. However, the Vatican has to face many challenges and dilemmas before this can happen. This thesis analyzes the triangular relationship of 1.

(15) . Taiwan, the Vatican and China and concludes that the situation is very complex. Because of all the unsolved problems between the Holy See and the PRC, this study aims to show that the Holy See won’t leave Taiwan in the foreseeable future.. 1.2. Literature Review Diplomacy is the art of creating, among peoples, humane and reasonable relations animated by a high ideal, and aiming at establishing the rule of law, justice and peace in the international community.1 It is not dependent upon international law. On the contrary, it has evolved historically according to its own laws. In other. 治政 words, diplomatic practice is a source of international 大 law rather than one of its 立 creations. Vatican diplomacy is the best example of the view that refers primarily to ‧ 國. 學. diplomacy as an institution. This is the system by which the Holy See carries on. ‧. stable, formal, and reciprocal intercourse with other states and international. sit. y. Nat. organizations, through accredited public agents. It is the instrument by which the. io. er. supreme authority of the Catholic Church communicates, within the framework of standard international practice, with the supreme authority of the states, in the. al. n. iv n C transaction of current or specialhproblems which arise e n g c h i U on the part of either Church or. State; for resolution, the common accord of the ultimate authority of both parties is required.2 Vatican foreign policy differs from usual foreign policy. This can be explained by the fact that what the Vatican represents is not just the city-state, but also the universal Church. In the narrow sense, what the Vatican is most concerned with are its faithful spread in all corners of the world. In a more general sense, the Vatican represents the Universal Church and is concerned with the whole human                                                        . 1. Chao, J. (2000). The evolution of Vatican diplomacy. Tamkang Journal of International Affairs, 4 (4), p. 45 2 Chao, J. (1997). Juridical, Functional and Operational Factors Affecting Vatican Diplomacy. Tamkang Journal of International Affairs, 1(2), p. 20. 2.

(16) . race. (…) All the usual diplomatic concerns, such as national stature, political rights, and economic benefits, are not the things that the Vatican emphasizes. It is therefore proper to say that Vatican foreign policy is based on a desire to assist the human race in diffusing conflicts and fomenting peaceful coexistence. 3 The ecclesiastical diplomat brings words of understanding; he is the advocate of the just causes of the population; he collaborates with the government and with the nation in which he is a guest. 4 The ideal of ecclesiastical diplomacy is the brotherhood of men, and whether or not it succeeds in achieving this goal it serves as a guide for civil diplomacy which attempts to make reason prevail over force and to contribute to the. 治政 growth of individual states in harmony with all others. 大 (…) Thus, the envoys of the 立 Holy See are sent to various countries, not just to defend the rights of the Church, ‧ 國. 學. but also to defend the right and to serve the needs of the people there.5Indeed, his. ‧. mission includes the moral, cultural and social problems which belong to the major. sit. y. Nat. interests of mankind such as respect for human rights, promotion of international. io. er. order and development of friendly ties among all nations through peaceful co-existence, through respect for justice and the promotion of human progress.6. n. al. Ch. engchi. i Un. v. The 1911 revolution led by Dr. Sun Yat-sen overthrew the Qing dynasty and in 1912, the government of the Republic of China was established in Nanking, marking the birth of the first republic in Asia. In 1922, Pope Pius XI appointed Archbishop CelsoCostantini as the first ApostolicDelegate in China, an ecclesiastical.                                                         3. Shan, P. (2002). Preface.In A Collection of Documents on the History of the 60 Years of Sino-Vatican Diplomatic Relations. Taipei: Institute of Catholic History, Fujen Catholic University, p. I 4 Cardinale, I. (1962). Le Saint-Siège et la diplomatie. Aperçu historique, juridique et pratique de la diplomatie pontificale.Paris, France: Desclée, p. 194 5 Chao, J. (2000). The evolution of Vatican diplomacy, p. 49 6 Cardinale, I. (1976). The Holy See and the International Order.Toronto: Gerrards Cross : Smythe, p. 38. 3.

(17) . representative of His Holinessthe Popewith no formal diplomatic credentials.7 Then, it was not until 1942 that diplomatic relations were established between the Holy See and the Republic of China. In 1949, following the Chinese Communist Party’s (CCP) victory in the Civil war,the government of the Republic of China departed from Mainland China.Moreover, since the founding of the People’s Republic of China many foreign states gradually shifted diplomatic recognition to Beijing, insisting that Taiwan was part of China under the “One-China Policy”.Relations between Taiwan and the Mainland have been since then turbulent and crisis-filled.8This culminated with the People’s Republic of China displacing Taiwan. 治政 at the United Nations, in 1971. The Vatican remains 大 currently the only state in 立 Europe that recognizes the ROC. ‧ 國. 學 ‧. Diplomatic relations between the PRC and the Vatican were severed in 1951,. sit. y. Nat. when the PapalNuncio, Archbishop A. Riberi was expelled from China. The. io. er. ApostolicNunciature moved to Taiwan where it remained ever since, although in recent years the Nuncio is represented only by a chargé d’affaires, a.i. The move to. al. n. iv n C Taiwan was the only means the of maintaining its relationship with h Holy e n gSeec had hi U. China’s Catholics.9 From 1951, things have become difficult for the Vatican since it has had to face the challenges and dilemmas across the Taiwan Strait. In order to normalize its diplomatic relations with the People’s Republic of China, the two matters in need of resolution are the Vatican’s relations with Taiwan and the.                                                        . 7. Chan, G. (1989, December). Sino-Vatican Diplomatic Relations: Problems and Prospects, p. 815 Smith, H. (2011). The People’s Republic of China (PRC) and the Vatican: Prospects for Rapprochement. Working Papers, Current Issues in Religion and Politics, University of St. Andrews, the Centre for the Study of Religion and Politics (CSRP), Scotland, UK. Retrieved February 10, 2012, from http://www.st-andrews.ac.uk/divinity/media/CIRPIII%2011120042.pdf, p. 19 9 Cioppa, J. (2006). Preface. In E. Wurth, & Maheu (Ed.), Papal documents related to China: 1937-2005. Hong Kong, China: Holy Spirit study centre, p. xvii 8. 4.

(18) . appointment of bishops.10Beijing’s main concern in engaging in rapprochement with the Vatican is to isolate Taiwan.Indeed, Taiwan is consistently at the top of China’s foreign policy agenda, and the prospect of a Vatican concession on this issue would be a large incentive at least for further talk. 11 The severing of Taiwan-Vatican diplomatic relations would be a natural outcome of establishing Sino-Vatican diplomatic relations. By isolating Taiwan, Beijing hopes to force Taiwan to the negotiating table and move towards the reunification of Taiwan and China on Beijing’s terms.12 The Holy See desires to normalize Sino-Vatican relations in order to be able to serve the Church in China and be closer to the Chinese Catholics. In. 治政 Hong Kong, The Sunday Examiner of April 16 大 2005 quoted Bishop Joseph Zen 立 Ze-kiun: “The Holy See is thinking of giving up Taiwan. This is a difficult decision, th. ‧ 國. 學. but it has decided to do it. If the Holy See does not establish ties with China,. Nat. sit. y. ‧. Catholics there will not have real freedom”.13. io. er. Hannah Smith, a professor of the Centre for the Study of Religion and Politics at St. Andrews University in Scotland, UK, wrote that for Beijing, distancing Taiwan. al. n. iv n C from its only source of European (the Vatican) would be a substantial h erecognition ngchi U benefit for fostering Sino-Vatican relations, strengthening the “One-China” policy and increasing domestic support. It is a zero-sum game. The Vatican would also see advantages, principally access and (limited) control of the number of Catholics in China. Smith explained that treating both, the PRC and Taiwan, as self-interested. actors it seems clear that the Vatican is willing to sacrifice diplomatic ties with                                                         10. Ibid. p. xx Leung, B. (1998, March). The Sino-Vatican Negotiations: Old Problems in a New Context. The China Quarterly, 153, p. 140 12 Leung, B. (2005). Sino–Vatican Relations at the Century's Turn. Journal of Contemporary China, 14(43), p. 365 13 Charbonnier, J., & Politi, G. (2006). China-Vatican relations: 1978-2005. In The Catholic Church in China: today and tomorrow. Leuven: Ferdinand Verbiest Institute, p. 132 11. 5.

(19) . Taiwan in order to tap into the Chinese ‘market’ whilst Beijing sees a political opportunity to strengthen its position against Taiwan regionally and enhance its power in the international system.14. The Vatican is concerned with its faithful wherever they are in the world but also by the whole human race and aims to protect their rights, freedom and well-being. This is one of the principle reasons why the Holy See wants to establish ties with China. Cardinal Jean-Louis Tauran, the Vatican’s Secretary for the Relations with the States at that time, explained in an interview with the China. 治政 Times of Taipei on June 3, 1999: “For the Holy大 See, the first aim of diplomatic 立 relations, with China as with other countries, is that of fostering the life of the ‧ 國. 學. Church and of promoting peace in the international context through dialogue”.15. ‧. Laura Luehrmann, a professor at Wright State University (Dayton, Ohio, USA),. sit. y. Nat. thinks that the Vatican does not only have a religious aim in negotiating with China. io. er. but also a political one. For her, the Vatican’s goals surround the expansion of the freedom of worship in the PRC as well as the desire to increase the number of. al. n. iv n C Catholic faithful. (…) Yet as some warned, the Holy See will lose out if it is h e have ngchi U. perceived to be sacrificing moral principles (by ending its ties with Taiwan) for the sake of political gain.16 What are the implications for the Church of Taiwan that has been faithful and supported the papacy throughout these many years? Would the Holy See seem to ignore the fidelity of Catholics and Church leaders in Taiwan and appear to abandon them diplomatically?17                                                        . 14. Smith, H. (2011). The People’s Republic of China (PRC) and the Vatican: Prospects for Rapprochement, p. 20 15 Tai, R. (2002). The Vatican's Dilemma: Taipei and/or Beijing?, p. 610 16 Luehrmann, L. (2009, July/September). The Red Flag and the Ring: the dances surrounding the Vatican ties. Asian Politics & Policy, 1(3), p. 500. 17 Maheu, B. A. (2005, November 7). The Catholic Church in China. America Press News, 193(14), p. 14. 6.

(20) . If China normalizes its relations with the Holy See, Beijing authorities could incur potentially significant risks to their hegemony by engaging in formal diplomatic ties. With a permanent Papal representative in Beijing who would be required under Canon Law 364 to send information to the Vatican about the status of the Chinese Church, authorities may struggle to find ways to check the flow of information.18 It is unclear as to whether or not Beijing will be willing to sacrifice this element of sovereignty for other political gain. Similarly, the size (and potential authority) of a united Church in China could prove to be a challenging force to the CCP’s authority. Not only would potential exist for clashes between the CCP and the. 治政 Catholic Church but also for the Church to act as a大 mechanism through which voices 立 of dissent could be aired - the destabilizing potential is evident. 19. ‧ 國. 學 ‧. In 2005, Tou Chou-seng, former ambassador of ROC to the Holy See, once said. y. Nat. to Christian Todaythat China uses Taiwan as pretext, while the real problem is that. er. io. sit. of religious freedom.20 Raymond Tai, another former ROC ambassador to the Holy See, mentioned that article 36 of the Revised PRC Constitution of 1982 states that. al. n. iv n C “Citizens of the PRC enjoy freedom belief…No religious affairs may be h e nofgreligious chi U. dominated by any foreign country.” Under such circumstances, the Holy See can hardly normalize its relations with Beijing. As Cardinal Roger Etchegaray, former President of the Pontifical Council of Justice and Peace, said quite openly in a recent interview, “It is a long road from Bethlehem to Beijing, one strewn with advances.                                                        . 18. Luehrmann, L. Ibid. p. 501 Smith, H. (2011). The People’s Republic of China (PRC) and the Vatican: Prospects for Rapprochement, p. 24-25 20 Eunice, K. Y. (2005, May 19). Taiwan Remains a Question as Vatican-China Relations Progress. Christian Today. Retrieved January 12, 2012, from http://www.christiantoday.co.uk/article/taiwan.remains.a.question.as. vatican.china.relations.progress./2922.htm 19. 7.

(21) . and retreats”.21 The Holy See would like to have good religious relations, as well as political relations, with both Taipei and Beijing if at all possible. (…) The Holy See prefers not to make gestures that could be interpreted as “hostile” by either of the two sides.22 Indeed, His Holiness Pope John Paul II did not fail to express his appreciation for the various initiatives and steps which the two governments took for a better mutual understanding.23. Cardinal Shan24 wrote that faced with growing relations between the PRC and the Church, the Taiwanese Catholic Church finds itself in an awkward situation. On. 治政 this, Pope John Paul II had since 1984 been saying大 the same thing: He hoped that the 立 Taiwan Church could serve the role of a BridgeChurch. That means, in its pejorative ‧ 國. 學. connotations, that through the example set by the Taiwan Catholic Church, the. ‧. authorities on the other side of the Taiwan Straits could realize that a local Church. sit. y. Nat. with close ties and subordinate relationship with the Church in Rome could at the. io. er. same time enjoy a sufficient level of self-determination. On a more positive connotation, it also means an appeal to the Taiwan Church to provide assistance to. al. n. iv n C the Mainland Chinese Church in and spiritual support. This will h terms e n gofcmanpower hi U. be done to allow the development of a really self-determinate local Church and to help build normal relations with the Holy See. Cardinal Shan stated that just like common ROC citizens who wish to see peace and harmony between the two sides of the Taiwan Strait, the Taiwanese Catholic Church also wishes to see improvement in PRC-Vatican relations, as well as real freedom in the Catholic Church on Mainland China. He hopes that such improvement can contribute to better relations between                                                         21. Tai, R. (2002). The Vatican's Dilemma: Taipei and/or Beijing?, p. 610 Ibid. p. 611 23 Ibid. p. 612 24 Paul Cardinal Shan Kuo-hsi, S.J.(單國璽) Bishop Emeritus of Kaohsiung, Taiwan 22. 8.

(22) . Taiwan and the PRC.25 In January 2011, on Radio Vatican, Larry Wang, current ROC ambassador to the Holy See, said: “Yes, we fully understand the Holy Father’s concern for the situation, and for China’s Catholic communities on Mainland China. I can report to you that the Church in Taiwan has not forgotten to play the role of “BridgeChurch” as she has been asked to do by the Holy Father”.26. 1.3. Theoretical Framework and Thesis Outline In order to understand the bilateral ties that connect the Republic of China with the Vatican, it is first important to identify the shape of Vatican foreign policy. For. 治政 that, this study must examine the nature and international 大 status of the Holy See with 立 its aims and characteristics. The Vatican’s diplomacy differs from secular diplomacy ‧ 國. 學. because of its goals and pursuits of religious freedom, peace and human dignity.. ‧. Indeed, the Holy See, unlike other states, has a voice and influence in the. sit. y. Nat. international arena because of its specific and unique mission of establishing. io. er. Bridges of peace between the nations and its interests of promoting moral principles. How does the Supreme government of the Catholic Church use its soft power in its. al. n. iv n C Why does the Holy to establish ties with the states? h eSeenwant gchi U. diplomacy?. In this case study of the Holy See and the Republic of China, it is necessary to adopt a diachronic approach to clarify the establishment and history of Sino-Vatican relations. This approach will help to understand the goals and the meaning of these ties. Because of the creation of the People’s Republic of China, the government of                                                         25. Shan, P. (2002). Preface. In A Collection of Documents on the History of the 60 Years of Sino-Vatican Diplomatic Relations. p. V 26 Wang, L. (2011, January 15). Taiwan's Ambassador to Holy See on Pope's "state of the world" address. (R. Vatican, Interviewer) Rome, Italy. Retrieved from http://www.fluctu8.com/podcast-episode/taiwans-ambassador-to-holy-see-on-Popes-state-of-the-worl d-address-15017-82462.html. 9.

(23) . 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. 治政 Vietnam cases.In conclusion, considering all the大 aspects and difficulties of the 立 triangular relationship of Taiwan, the Holy See and China, we will conclude to the ‧ 國. 學. status quo because of the complexity of the situation in the cross-Strait and the. Nat. io. er. 1.4. Methodology and Procedure. sit. y. ‧. conflict of authority between the Vatican and the PRC.. This thesis aims to highlight the politico-historical context of the diplomatic. al. n. iv n C relations between the Holy Seehand the RepublicU e n g c h i 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 10.

(24) . 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. 治政 types of sources, primary and secondary. Primary 大 sources are multiple with a 立 diversity of subjects in the study. These primary sources are experts’ interviews, ‧ 國. 學. discourses and political actions, official documents, agreements, credential letters.. ‧. Many essays or journalistic articles were written about Sino-Vatican relations and. sit. y. Nat. the difficulties of the Apostolic See in establishing ties with China. While, there is a. io. er. 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. al. n. iv n C periodical articles or books in English on China-Vatican relations; the question h e nfocus gchi U. 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 11.

(25) . 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. 治政 papers (1997, 2000). Other books in French gave大 me the key and tools to have a 立 clear understanding of the Holy See and the purpose of its diplomacy: Le ‧ 國. 學. Saint-Siège et la diplomatie, Aperçu historique, juridique et pratique de la. ‧. diplomatie pontificale (Cardinale, 1962), Urbi et Orbi. Enquête sur la géopolitique. sit. y. Nat. vaticane (Colonna-Cesari, 1992) or Le Saint-Siège, sujet souverain de droit. io. er. international (Barberini, 2003). Dr. Tou introduced me Fabrizio Bozzato who is currently a Ph.D. student at the Graduate Institute of International Affairs and. al. n. iv n C Strategic Studies at Tamkang University also an associate researcher at the Ricci h e n gand chi U 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, 12.

(26) . 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. 治政 documents such as his credential letters, his speech 大 upon presenting to the Holy 立 Father his letters of credence and the Pope’s address on that occasion.In the Eternal ‧ 國. 學. 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. sit. y. Nat. opportunity to discuss with clergymen like Reverend Angelo Lazzaroto, Pontifical. io. er. 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. al. n. iv n C the right directions in this studyhof the relations between e n g c h i U 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 13.

(27) . 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.. 立. 政治大. Beijing has laid down two preconditions to the Vatican in order to normalize. ‧ 國. 學. diplomatic relations: the nomination of bishops, namely, the non-interference in. ‧. China's internal affairs and the end of its relations with Taiwan. These. sit. y. Nat. Vatican-Taiwan relations have not been so much explored and developed. We found. io. er. 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. al. n. iv n C everything where the Taiwan factor mentioned in order to lead our study. The h e nwas gchi U. 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 14.

(28) . research online for the study of the Russia-Vatican and Vietnam-Vatican relations of the chapter 7 of this thesis.. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. i Un. v. 15.

(29) . 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. 治政 meanings. Sometimes, it denotes the Pope together 大with the central offices of the 立 Roman Curia, formed of the sacred congregations, the tribunals and the various ‧ 國. 學. 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. er. io. sit. y. Nat. sometimes indicates the spiritual organization of Papalgovernment.29. In 1929, the Lateran Treaty defined the sovereignty and the independence of. al. n. iv n C the Holy See and gave it a territory Vatican City State. The Holy See has h e nthatgiscthe hi U 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                                                         27. The 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. 28 Cardinale, I. (1976). The Holy See and the International Order. Toronto: Gerrards Cross : Smythe, p. 85 29 Ibid. p. 82. 16.

(30) . 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. 政治大. granted to him by the different European states were due not solely to his status of. 立. monarch of a state, but also to his position as the Head of the Roman Catholic. ‧ 國. 學. 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,. y. Nat. sit. was no longer considered as a territorial sovereign and this storming of Rome. n. al. er. io. became known as the “Roman Question”. Even though the Pope had no more. i Un. v. territories, the Holy See retained its international personality. It continued to have. Ch. engchi. 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                                                         30. Cardinale, I. (1976). The Holy See and the International Order, p. 76 Chao, 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. 31. 17.

(31) . 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. 政治大 Thus, the place of the Holy See and its presence on the international scene is 立. ‧ 國. 學. 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. sit. y. Nat. n. al. er. io. 2.2.2. The Holy See and its International Personality. i Un. v. In 1929, a settlement to this so-called “Roman Question” was achieved with the. Ch. engchi. Treaty of Lateran. 36 With this treaty 37 , 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:                                                         34. Catholic Church.(1983). Code of Canon Law, Latin - English. Vatican City: Libreria Editrice Vaticana, Can. 361 35 Barberini, 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 37 The 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.. 18.

(32) . 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. 39 This sovereignty allows the Holy See to participate in international relations and gives it the right to be considered as a. 治政 subject of international law. The Holy See is therefore 大 legitimate to intervene on the 立 world stage. Nevertheless, the Pope might continue to act even without any territory, ‧ 國. 學. given that international law tends to extend the notion of international personality to. er. io. sit. y. Nat. status.. ‧. governmental international organizations that do not necessarily have the state. The fact that the Holy See is a non-territorial institution is no longer regarded. al. n. iv n C as a reason for denying its international The papacy can act in its own h e n g personality. chi U 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                                                         38. Article 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 39 Barberini, 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) 40 Graham, R. (1959). Vatican diplomacy : a study of Church and state on the international plane. Princeton, New Jersey, USA: Princeton University Press, p. 201. 19.

(33) . territorial entity. The papacy as a religious organ is a subject of international law and capable of international rights and duties. 41 The 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. 治政 2.3.1. The Vatican City State: a Vassal State 大立 The creation of the Vatican City State (Stato della Città del Vaticano in Italian), ‧ 國. 學. in 1929 by the Treaty of Lateran, provides the Holy See with a temporal jurisdiction. ‧. and independence within a small territory. Thus, the Pope was reestablished as the. sit. y. Nat. sovereign of the State of the Vatican City. With a tiny surface of 44 hectares, the. io. er. very nature of the Vatican City State has been often discussed and contested by internationalist doctrine. Indeed, the Vatican City State does not fulfill perfectly the. al. n. iv n 44 C of law of statehood that requires criteria of the Montevideo Convention h e n g definition chi U. a state to have a permanent population, a defined territory, a stable government and the capacity to enter into relations with other states..                                                         41. Graham, R. (1959). Vatican diplomacy : a study of Church and state on the international plane, p. 186 42 An office equivalent to that of Foreign Minister 43 Tauran, Jean Louis as quoted in Hercules, N.J , Holy See Diplomacy: a study of non-alignment in the post-World War Two era, Catholic Culture, January 5, 1999, Retrieved December 14, 2011, from http://www.catholicculture.org/culture/library/view.cfm?recnum=798 44 The Montevideo Convention on the Rights and Duties of States was a treaty signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. The Convention codified the declarative theory of statehood as accepted as part of customary international law.. 20.

(34) . The Vatican City is regarded as a “vassal” state45 of the Holy See. Unlike any other modern nation, the Vatican City does not exist to support its citizens. Rather, its purpose is to provide a base for the central administration of the Roman Catholic Church. Article 4 of the Lateran Treaty states:. The sovereignty and exclusive jurisdiction over the Vatican City, which Italy recognizes as appertaining to the Holy See, forbids any intervention therein on the part of the Italian Government, or that any authority other than that of the Holy See shall be there acknowledged.46. 政治大. The Vatican State is a very specific state because it was founded to give a. 立. territory to a universal and spiritual government and therefore to ensure its total. ‧ 國. 學. independence vis-à-vis other established powers. In fact, the Vatican City State is an instrument and its raison d’être is the service of the Church and of the papacy for. ‧. their mission to manifest the independence of the Holy See toward any other. y. Nat. n. al. er. io. ambassador:. sit. authority or power. After the fall of the Papal States, Pius IX told to the French. Ch. engchi. i Un. v. All that I want is a small corner of earth where I am master. This is not to say that I would refuse my states if there they were offered to me, but so long as I do not have this little corner of earth, I shall not be able to exercise my spiritual functions in their fullness.47. 2.3.2. Sovereignty and Independence of the Holy See The Vatican and the Holy See are distinct entities, both recognized internationally as such, and subjects of international law; but they are indissolubly                                                        . 45. Kunz, J. L. (1952, April). The status of the Holy See in international law.American society of international law, 46(2), pp. 308-312. 46 The Lateran Pacts of 1929, Article 4 47 Nichols, P. (1980). Daily Life in the Vatican. In The Vatican. New York, USA: Vendome Press, p. 107. 21.

(35) . united in the person of the Pope who is at once ruler of the State and head of the Roman Catholic Church. Although the former is temporal in its purpose and the latter is spiritual, this intimate union prevents the Vatican from being restricted to purely political purposes. The Holy See exercises sovereignty over the Vatican City, not for the advantage of the State itself, but for the higher interest of the Church. This State was created with temporal sovereignty primarily to assure independence of spiritual action to the Holy See. The Vatican is thus a means to a higher end, an instrument of another pre-existing juridical subject, from which it cannot be separated. The close union with the Holy See imports to this minuscule State its. 治政 great importance, it also makes it juridically and politically 大 unique in the world. 立. 48. ‧ 國. 學. The State of the Vatican City can thus be deemed a significant but not essential. ‧. instrument of the Holy See. As previously mentioned, the Holy See has remained. sit. y. Nat. continuously as a juridical entity since Roman Imperial times and has been. io. er. internationally recognized as a powerful and independent sovereign entity since late antiquity to the present, without interruption even at times when it was deprived of. al. n. iv n C territory. Between 1870 and 1929, lay between the loss of the traditional h e nwhich gchi U. Church States and the establishment of the State of the Vatican City, the Holy See by the practice of States, remained a subject of international law. Indeed, the Holy See never ended to conclude concordats and international treaties with a great number of States, to participate in international conferences, to conduct mediation and arbitration missions, and maintain both active and passive diplomatic relations. The aim of the creation of the Vatican City State is to ensure the absolute and visible independence of the Holy See, to guarantee its indisputable sovereignty in                                                         48. Chao, J. (1997). Juridical, Functional and Operational Factors Affecting Vatican Diplomacy.Tamkang Journal of International Affairs, 1(2), p. 31 . 22.

(36) . international matters. It has been found necessary to create, under special conditions, the Vatican City, recognizing the full ownership, exclusive and absolute dominion and sovereign jurisdiction of the Holy See over that City.49 Thus, with the creation of the Vatican City State, the Pope was able to freely govern the Catholic Church and conduct diplomatic relations. Among other things the Preamble of the Lateran Treaty states that the contracting parties had recognized the convenience of guaranteeing to the Holy See, in a stable way, a “de facto” and “de jure” condition, in order that it may obtain an absolute independence for the accomplishment of its divine mission, and the necessity to guarantee to the Holy See a complete and. 治政 visible independence and a sovereignty unassailable 大 in international law. In his 立 speech of December 28, 1949 to the Diplomatic Corps, accredited to the Holy See, 50. ‧ 國. 學. Pius XII thus defined the character and purpose of the Vatican City State:. ‧. n. al. er. io. sit. y. Nat. Is it not very significant - the confidence shown by so many Heads of State who have sent you as their Ambassadors…to the Holy Apostolic See…this Vatican City State whose importance cannot be illustrated by statistics, nor measured by its territorial extent nor evaluated by the strength of its armed forces? What is its territory, upon which you have met together, if not an imperceptible point on the globe and on the maps of the world? Nevertheless, in the spiritual order it is a symbol of great value and of universal extension, for it is the guarantee of the absolute independence of the Holy See in the accomplishment of its worldwide mission.51. Ch. engchi. i Un. v. 2.3.3. The Holy See: a Sui Generis Entity The founding of the Vatican City State definitely made visible the independence of the Holy See toward the Italian State and to allow the Pope to not                                                         49. The Lateran Pacts of 1929, Preamble Cumbo, H. F. (1948-1949, Winter). The Holy See and international law.The International Law Quaterly, 2(4), p. 607 51 Allocution of December 28, 1949, Discorsi e Radiomessagi de Sua Sanita Pio XII, vol. XI, p. 347 50. 23.

(37) . only be a temporal sovereign but also the Head of the Catholic Church. This small state is not an end in itself but a means. The Vatican City is the physical base of the Holy See, almost a pedestal upon which is posed a much larger and unique independent and sovereign authority: that of the Holy See. The State of the Vatican City has an international juridical state personality and can establish international agreements. Is has the capacity to act as a state especially in the international arena. The legal position held by the Vatican City in the international community is indisputable. However, it is the Holy See which internationally represents Vatican City State. In fact, when the Holy See enters into agreements for Vatican City State,. 治政 it uses the formula: “acting on behalf and in the大 interest of the State of Vatican 立 City”. No diplomatic mission is accredited to the Pope solely in his capacity as a 52. ‧ 國. 學. temporal sovereign of the Vatican City but with the Holy See.. ‧. sit. y. Nat. The Holy See has a unique situation in international law because of its double. io. er. sovereignty, both temporal and spiritual. Moreover this peculiar character, as a non-territorial entity with a legal personality akin to that of states is considered as an. al. n. i v 53 n C “anomaly”, an “atypical organism” “sui generis ”. The Status of the h e norgancentity hi U. Holy See status may be unique however its statehoodlike status cannot be denied.. The sovereignty and independence of the Holy See is recognized internationally. Currently, the Holy See has diplomatic relations with 179 sovereign states and in addition with the sovereign entity, the Order of Malta and the European Union. This definitely makes clear the international status of the Holy See. Thanks to its spiritual nature, the Holy See enjoys international personality which is reinforced by the                                                         52. Yet, at the same time, the Vatican City is a party to some international and bilateral agreements. The denomination Vatican City State is used in texts concerning the International Telecommunications Union and the Universal Postal Union. 53 Sui generis is a Latin expression, literally meaning of its own kind or unique in its characteristics.. 24.

教廷與中華民國之外交關係 （一九四二年至二○一二年）: 歷史、挑戰與前景 - 政大學術集成

教廷與中華民國之外交關係（一九四二年至二○一二年）: 歷史、挑戰與前景 - 政大學術集成