Journal du Droit International: Issue 4 of 2024
The fourth issue of the Journal du droit international for 2024 has been released. It contains four articles, two of which might be of interest for the purposes of private international law. It also contains several case notes and a survey of the most important judgments addressing private international law issues delivered by the CJEU in 2023.
In the first article, Francesco Seatzu (University of Cagliari) examines the international responsibility of the Holy See concerning instances of pedophilia committed by members of the Catholic clergy (L’ouverture de la jarre de Pandore).
The aim of this study is to examine the international responsibility of the Holy See concerning instances of pedophilia committed by members of the Catholic clergy. This topic presents intricate legal challenges, particularly the differentiation between the Holy See and the State of the Vatican City, as well as the function of clerics as de facto representatives of the Holy See. Despite being a non-state entity, the Holy See has ratified various international treaties, including the Convention on the Rights of the Child, thus incurring obligations. Members of the clergy, though not diplomats, exert effective control, which strengthens the Holy See’s accountability for illicit actions. Additionally, the reservations expressed by the Holy See regarding the convention’s application raise concerns, as they cannot nullify its international responsibilities. This study underscores the imperative to clarify the Holy See’s accountability within the context of human rights.
In the second article, Magali Boucaron-Nardetto (University of Nice Côte d’Azur) discusses the concept of deforestation-free (“Zéro déforestation” : protéger les forêts sous pression).
The full table of contents can be found here.