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Volume.1, Issue.1 AVE MARIA INTERNATIONAL LAW JOURNAL AVE MARIA INTERNATIONAL LAW JOURNAL SYMPOSIUM: THE HOLY SEE: INTERNATIONAL PERSON AND SOVEREIGN ARTICLES The Holy See: International Person and Sovereign Robert John Araujo Foreign Sovereign Immunity and the Holy See Robert John Araujo The New Delicta Graviora Laws Davide Cito Le nuove norme sui delicta graviora Davide Cito The Holy See in Dialogue With the Jane Adolphe Committee on the Rights of the Child STUDENT NOTE The Truth Unraveled: Lowering Maternal Mortality Elise Kenny Inaugural Issue Volume 1 Fall 2011 Dedicated to Robert John Araujo, S.J. AVE MARIA INTERNATIONAL LAW JOURNAL 2011 - 2012 EDITORIAL BOARD ISSN 2375-2173 JESSICA HOYT Editor-in-Chief CHANILLE L. GRIGSBY ELISE KENNY Managing Editor Publication Manager MAJEL BRADEN MATEUSZ SZYMANSKI Executive Articles Editor Executive Articles Editor SENIOR EDITORS MELINDA ALICO AMY PENFOLD GENEVIEVE TURNER ASSOCIATE EDITORS MICHAEL ACQUILANO ASHLEY HARVEY MUKENI NADINE NTUMBA ASTHA ADHIKARY MARKUS HORNER ALISON ROGERS DOUGLAS CHRISTIANSEN BRENDAN MURPHY MARISSA ROZAS CATHERINE DREYER STEPHANIE MUSKUS COREY SMITH BRIAN GRAVUNDER RENEE VEZINA FACULTY ADVISORS JUDGE DANIEL RYAN PROFESSOR JANE ADOLPHE PROFESSOR KEVIN GOVERN AVE MARIA INTERNATIONAL LAW JOURNAL 2010 - 2011 EDITORIAL BOARD CHERYL LEDOUX Editor-in-Chief STEPHANIE GREWE JENNA ROWAN Managing Editor Publication Manager KATHERINE BUDZ SARA SCHMELING Executive Articles Editor Executive Articles Editor SENIOR EDITORS DOUG LAING LISA UTTER ASSOCIATE EDITORS MELINDA ALICO CHANILLE GRIGSBY AMY PENFOLD MAJEL BRADEN JESSICA HOYT MATEUSZ SZYMANSKI EVA-MARIE CHITTY ELISE KENNY GENEVIEVE TURNER FACULTY ADVISORS JUDGE DANIEL RYAN PROFESSOR JANE ADOLPHE ARTICLE SUBMISSIONS The Ave Maria International Law Journal is constantly seeking timely and thought- provoking articles that engage the international legal community on a wide range of topics. Manuscripts may be submitted via email as an attachment to [email protected]. Submissions should be double-spaced and contain footnotes, not endnotes, conforming to the latest edition of The BlueBook: A Uniform System of Citation. CONTRIBUTIONS The Ave Maria International Law Journal welcomes contributions to help us better achieve the goals outlined in our mission statement and to reach a broader audience. If you would like to donate to our organization, please email us at [email protected]. Your help is greatly appreciated. DIRECT CORRESPONDENCE TO: Ave Maria International Law Journal 1025 Commons Circle Naples, FL 34119 [email protected] www.avemarialaw.edu Cite this volume as: 1 AVE MARIA INT’L L.J. ___ (2011), www.avemarialaw.edu/ilj Copyright © 2011, Ave Maria International Law Journal Except where otherwise expressly indicated, the Ave Maria International Law Journal holds copyright to all works appearing herein. For all such works, the Ave Maria International Law Journal permits copies to be made for classroom use subject to the following requirements: (1) copies are distributed at or below cost; (2) the author and the Ave Maria International Law Journal are identified; (3) proper notice of copyright is attached to each copy; and (4) all other applicable laws and regulations are followed. The Ave Maria International Law Journal reserves all other rights. Except where expressly indicates, the copyright holder for works appearing herein for which the Ave Maria International Law Journal does not hold the copyright grants permission for copies of such work to be made for classroom purposes, provided that the above requirements are met and that the user notifies the author and the Ave Maria International Law Journal Publications Manager of having made such copies. Any errors or omissions are solely the responsibility of the author. The views expressed in the Journal are those of the authors and do not necessarily reflect the policies or opinions of the Ave Maria International Law Journal, its editors and staff, or Ave Maria School of Law. Because of the dynamic nature of the Internet, any Web addresses or links contained in this issue may have changed since publication and may no longer be valid. AVE MARIA S CHOOL OF LAW 2010–2011 BOARD OF GOVERNORS The Honorable Patrick J. Conlin, Michigan 22nd Circuit Court (Retired) Major General (Ret.) John T. Coyne, USMC; Founding Partner, Jordan Coyne & Savits L.L.P. His Eminence Edward Cardinal Egan, Archbishop Emeritus of New York James W. Fennessey, President and CEO, Fennessey Buick Inc. (Retired) Thomas B. Garlick, Managing Partner, Garlick, Hilfiker & Swift, L.L.P. Richard L. Klaas, Partner, Klaas Capital Group His Eminence Adam Cardinal Maida, Archbishop Emeritus of Detroit Eugene R. Milhizer, President and Dean, Ave Maria School of Law Thomas S. Monaghan, Chairman of the Board, Ave Maria Foundation Cathy Ruse, Senior Fellow for Legal Studies at the Family Research Council Michel Saadeh, President and CEO, Vineyards Development Corporation OFFICERS OF ADMINISTRATION Eugene R. Milhizer, J.D., LL.M., President, Dean, and Professor of Law Kaye A. Castro, M.B.A., Associate Dean for Student Affairs Patrick Quirk, LL.B., LL.M., Associate Dean of Academic Affairs and Associate Professor of Law Monique McCarthy, M.P.A., J.D., Assistant Dean of Admissions PROFESSORS OF LAW Robert H. Bork, J.D. Stephen Mikochik, J.D., LL.M., M.A.* Bernard Dobranski, J.D. Eugene R. Milhizer, J.D., LL.M. Henry Manne, J.D., S.J.D.* Richard S. Myers, J.D. ASSOCIATE PROFESSORS OF LAW Jane Adolphe, LL.B., B.C.L., J.C.L., J.C.D. Nora O’Callaghan, J.D. Mark H. Bonner, J.D. Patrick Quirk, LL.B., LL.M. Francis J. Fodale, J.D.* Daniel P. Ryan, J.D., M.J.S., Ph.D.* Mollie A. Murphy, J.D. D. Brian Scarnecchia, M.Div., J.D., Ph.D. Reverend Joseph M. Isanga, LL.B., LL.M., J.S.D. James A. Sonne, J.D. ASSISTANT PROFESSORS OF LAW W. Edward Afield, J.D., LL.M. James P. Eyster, J.D. Ryan Alford, J.D. Patrick T. Gillen, M.A., J.D., Ph.D. Ligia M. De Jesus, LL.B., LL.M. Kevin H. Govern, J.D., LL.M. Elizabeth M. Donovan, J.D., M.A. Kirkland Miller, J.D.* Stacey-Ann Elvy, J.D.* Timothy Tracey, J.D. ASSISTANT PROFESSORS OF RESEARCH, WRITING, AND ADVOCACY William E. Blais, J.D. Monique McLaughlin, J.D. Brett Brosseit, J.D. Kirkland Miller, J.D. Scott M. Daniels, J.D. Maureen Milliron, J.D., Program Director Eric Fleetham, J.D. Conrad Sturm, J.D., LL.M. Eric D. Leach, J.D. Wendy Tenzer-Daniels, J.D., M.A. RESEARCH FELLOW Reverend Michael P. Orsi, M.Div., M.A., M.S., Ed.D., Chaplain and Research Fellow in Law and Religion *Visiting during 2010–2011 LETTER FROM EUGENE R. MILHIZER DEAN AND PRESIDENT, AVE MARIA SCHOOL OF LAW The inaugural edition of the Ave Maria School of Law International Law Journal is at once a unique and important contribution to the legal community, and the next milestone in our advancement as a law school. It is indeed a blessing that both of these ambitious objectives can be achieved in one event. I will briefly explain what I mean by this. Law schools today produce about 650 law reviews and secondary publications of all sorts. Over 100 of these journals are devoted to international law and related topics. These statistics reflect that legal scholarship is definitely plentiful and no doubt diverse. None of these existing journals, however, are dedicated to publishing scholarship that considers international legal issues from the perspective of the natural law and the Catholic intellectual tradition. This will be the unique and singularly important contribution of our International Law Journal. As our Journal’s founding documents explain, this publication will be “[e]ver mindful of international law’s foundational concept of jus cogens, and [it] recognize[es] the Catholic Church’s contribution to its development.” In light of this historical reality, “the Ave Maria International Law Journal endeavors to continue the contribution of the Catholic Intellectual Tradition in the development of International Law.” Besides being unique, our Journal’s focus on the natural law and the Catholic intellectual tradition is fundamental and indispensible. Natural law is the foundational source of all law. This includes international law, which is inseparable from Catholic tradition and its underlying Judeo-Christian viewpoint. Notable examples of the profound influence of Catholic thought in international realm include the Augustinian origins of the just war theory and the development of modern diplomacy. Looking to the future, Catholic thinking has much to contribute to the wide array of contemporary global issues such as nuclear proliferation, state-sponsored terrorism, the protection of women and children, immigration and freedom to travel, racial and religious hostility and discrimination, political self- i determination movements, and widespread financial crises. These and other international concerns cannot be adequately considered absent a proper appreciation of basic concepts such as human dignity and the common good, and without reference to the treasure trove of sophisticated Catholic thinking about specific global matters. In a post-modern age where might makes right, and where moral relativism and a conscious rejection of religious tradition hold sway, our International Law Journal will give voice to an authentic Catholic perspective so that it may engage in the debate and influence decisions and policy. While these are ambitious goals, they are no grander than the vision that led to the creation of Ave Maria School of Law. Our law school’s Mission Statement beautifully expresses this vision. Ave Maria School of Law is a Catholic law school dedicated to educating lawyers with the finest professional skills. Inspired by Pope John Paul II’s encyclical Fides et Ratio, Ave Maria School of Law offers a distinctive legal education – an education characterized by the harmony of faith and reason. Formed by outstanding professional training and a distinctive educational philosophy, Ave Maria’s graduates are equipped for leading positions in law firms, corporate legal offices, the judiciary, and national, state, and local government.
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