Folia Theologica et Canonica 6. 28/20 (2017)

IUS CANONICUM - Szabolcs Anzelm Szuromi, O.Praem., An overview on the international relations of the Holy See since the ‘Roman question' until 1967, correlated with the first codification (1917)

AN OVERVIEW ON THE INTERNATIONAL RELATIONS OF THE HOLY SEE... 109

much more what we can see by the first glance: the treaty recognized that the decisions of the Congress of Vienna (March 19,h 1815)'* and of the Congress of Aachen (November 21s1 1818),y on the classes of diplomats are in force, but they also accepted the regulation of the CIC (1917) on the rights of legates of the Roman Pontiff (Cann. 265-270) in correlation with the Congress of Vienna (i.e. the nuncio is ipso jure the head of the diplomatic corps.2" Italy on the same day of the Lateran Treaty had signed the Concordat with the Holy See, as legal consequence of the afore-mentioned principles.

2. The Great War and Pope Benedict XV

Pope Benedict XV (1914-1922), few months after the promulgation of the Code, addressed a peace proposal in French, to terminate the still going war. The international atmosphere looked better than before to end the war.18 * 20 21 The Letter Dès le Début (August L' 1917, sent on August 15"')22 intended to make influence on the Governments, emphasizing: “(•••) Once the supremacy of law has been established, let every obstacle to the ways of communication between the peoples be removed, by ensuring through rules to be fixed in similar fashion, the true freedom and common use of the seas. This would, on the one hand, remove many reasons for conflict and, on the other, would open new sources of prosperity and progress to all.”23 Even the pope settled practical, articulated suggestions for peace negotiation, the reaction was humiliating refusal. Nevertheless, Pope Benedict XV declaration supported well the classical legal concept of the Holy See and her sovereignty as basis for negotiation with States. It must be emphasized, that because the several failed international negotiations and proposals in the time of the Great War, the other results in diplomatic fields of the Holy See are more valuable.24 During the reign of Pope Benedict XV the diplomatic relations of the Holy See - which still suffered under the so called

Pasidon jurtáira de la Iglesia católica en el orden internacional, in Almogaren 36 (2005) 45- 84, especially 53-60.

18 J ARRETE M., The Congress of Vienna and its Legacy: War and Great Power Diplomacy after Napoleon, London 2013. Vick, B., The Congress of Vienna. Power and Politics after Napoleon, Cambridge MA. 2014.

'» Rich, N„ Great Power Diplomacy: 1X14-1914, New Delhi 1992. 33-35.

20 Bánk, J., Egyházi jog, 69-73.

21 Pollard, J. F., The Unknown Pope. Benedict XV ( 1914-1922) and the Pursuit of Peace, New York, NY. 1999. 1 17-123.

22 Benedictus XV, Litt. Dès le Début ( 1 aug. 1917): AAS 9 ( 1917) 417^120.

23 Ehler, S. Z. - Morrall, J. B. (ed.). Church and State Through the Centuries, Westminster, Maryland 1954. 376.

24 Pollard, J. F.. The Unknown Pope. Benedict XV, 123-128.