Recognition: The Lack of Authority
By H.R.I.H Prince DR. Mauricio Ahnume Guerios PhD.,
Recently many people are posting a lot of baseless nonsense regarding Dynastic Law over the internet. People with virtually no credentials and no knowledge at all creating articles of a "so called" international law that would, according to them, point very clearly who's real and who's not.
First of all, there's no such a code of International law. The jurisprudence recognizes the government in exile of the deposed monarchs as something by the "jus sanguinis" (law of blood) "ad aeternum" and "ad perpetuam", in other words, as long as there's blood it's forever. It cannot expire by any means. But, in the same way, there're no vested rights to any deposed monarch or descendant. As already exhaustively explored on the article "Dynastic Law the end of a myth", there's no "expiration" of the rights of the deposed monarch unless there's "Subito la Debellatio", term used for the extinction of the throne by the voluntarily and peacefully will of the sovereign during his/hers term. Of course, any legal vice as coercion, for example, invalidates the act as "Debellatio" turning it into a simple deposition.
It's a very simple principle in Law that anything is only official by the power of legislation and the lost of rights must be regulated and judged by a competent court to take place. Private assumption isn't law.
So, there's no "prescription" for royal rights once there's no law and/or court in the whole world to appraise such cases. There's no case, never in History of any sovereign that lost his/hers Royal rights by the lack of protests or even use of the titles. This is pure fabrication. Hence, if there's no law and no previous cases to create jurisprudence, the whole thing is pure assumption and baseless conjecture.
It was also proved, that once there's no court to appraise such cases, the deposed monarchs and their descendants are in a legal impasse just to be solved in the case of a restoration of that particular throne. Even if the International Courts would take such cases, which isn't the case at all, their authority still could be questionable once the deposed Dynasty is a sovereign entity, independent even from the old State now usurped. Hence, as sovereign, isn't subjected to any court, national or international. A similar case can be seen with the sovereign nations and the International Organizations. How many times a Nation member disrespected the terms of an international agreement or even refused to participate to something determined by the United Nations, for example. Other example, nobody can force the United States to sign the Kyoto Protocol or to recognize the International Court of Hague. That is to be sovereign. The very same happens with the Royal Dynasties.
We also see over the web, many "Commissions" of Royalty and Nobility. There's no so called "official" organization to recognize Royal claims. All of the Commissions are mere Independent Associations with no lawful authority. Again, the International Law recognizes the idea of a "Government in Exile" but doesn't codify any kind of clear rules for its existence. Hence, nobody can say with authority that this or that claim is germane or not. According with Dynastic Law, to accredit a claim, governments, ruling sovereigns and heads of traditional churches may recognize it with value, but in the same way, the lack of any recognition doesn't mean, in any way, a false claim.
Therefore, no person, organization or government, have the authority to state, even preliminarily, who's real and who's not. The scholars can be the most trustworthy source of appraises, but even them cannot state anything ultimately.
Another object of discussion is the value of those recognitions given by the Pope (Apostolic Blessings) or other sovereigns. According with the works of two of the greatest scholars, jurists and authors in Dynastic Law: Professor Doctor Waldemar Baroni Santos and Professor Doctor Mario Silvestre de Meroe (both Academic credentials below), a document as an Apostolic Blessing issued by the Vatican is yes a legal recognition and yes has judicial value.
Any person can require a Papal Blessing going to the Diocese and making the formal request and paying the fee. Although, it may be issued only in his/hers legal name. The Vatican doesn't issue any Blessings with temporal titles, only with a Cardinal's sponsorship. Even that is very rare.
Of course, the document has no "magical power" to make any title or pretention real if it's made up.
Corroborating with the above cited an extract from the book "Treaty of Heraldry - Nobiliary Law" from Professor Doctor Waldemar Baroni Santos, pg.112:
"Recognitions and confirmations
(…)
3) When His Holiness The Pope or the King to confer upon any person, an Apostolic Blessing or the Order of the Crown of Italy, for example, and the document does contain an old title of property of the recipient, it will formally and legally consist as an act of recognition and confirmation."
As said before, the lack of a recognition decree doesn't make the claim less authentic.
* The above article is based on the work of two of the most accredited scholars in Dynastic Law in the world, also acclaimed awarded authors:
PROFESSOR DOCTOR WALDEMAR BARONI SANTOS
Lawyer and retired Associate Professor of the Art Institute of Plateau State University Paulista (UNESP), great historian, expert in Heraldry, after many years as the Magisterium, publishing their studies in large number of magazines and newspapers in Brazil and abroad, expert and member of the "Chambre Européenne des Experts arbitrators Estrajudiciaires et des d'Europe" in the International Court, President of the Brazilian Academy of Political and Social Sciences, Fellow Emeritus of the Historical Institute and Geography of São Paulo, a member of the Historical and Geographical Institute of Minas Gerais, Bahia, Sergipe and Santos, PhD in Psychology and Law, Dr honoris causa in Sociology, Philosophy and Historiography Equestrian by foreign universities, Professor State University Paulista Julio de Mesquita Filho and Coordinator of Pedagogical Courses Art Institute of Plateau UNESP, Decree of 10.9.2001 the Governor of the State of S. Paulo (Brazil), Dr. Geraldo Alckmin, received the Grand Cross of the Order of the Ipiranga State and the appointment to the State Board of Honours and Merit, Doctor of Laws by the Ministerial Training College, Sheffield, Yorkshire, England, PhD in International History from the University of Humanistic Studies, Florida, in 1988 and Ph.D. in Biology from the Federation Europeenne de Naturopathie, Lausanne, Suisse, 1982; Best Scholar by the International Writers and Artists Association, Academic and Honorary Scientific Advisor Academy Siciliana per Le Scienze, Minister President of the International Institute for Administration and Justice of the Supreme Confederation Imperial Ottoman-Byzantine and Docteur d'Etat ès Lettres et Sciences Humaines - Option Historia (Nobiliary Law). Thesis in French, with 700 pages in three volumes, defended on 06/26/1984 at Université de Reims-France.
PROFESSOR DOCTOR MARIO SILVESTRE DE MEROE
Dr. Mario de Meroe is a Professor member of the Brazilian Academy of Social and Political Sciences, and Honorary Doctor of Social Sciences. Honorary Professor of heraldry and nobility and honorary Rector of Accademia di Scienze Araldiche and nobiliare San Wenceslas ( Bolzano , Italy ). Member of the Brazilian Union of Writers (UBE). Honorary Professor of St.Luke Antwerpen Akademie Bamberg, Germany, received in 1998, the diploma of merit of the 'Istituto Superiore per gli studi Greco-bizantini' (Higher Institute for Greek and Byzantine studies), being mentioned in Albo D'Oro ( Golden Album) of the Accademia Constantiniana di Lettere, Arti e Scienze, in Palermo, Italy. Brazil's diplomatic adviser and member of the "Parlamento Mondiale degli Stati per la sicurezza e la pace" (the world parliament for security and peace), based in Italy . He received the degree of Honorary Doctor of Nobility Law of the Institute of Heraldry Historical and Genealogical Barcelona, and also received the same degree of Doctor of the Institute of Historical Studies Medieval Catalonia , both in Spain . Member of the International Writers and Artists Association in Ohio , USA . Member of the College of Arms Heraldry Society Spanish. Honorary Colonel of the Commonwealth of Kentucky (USA).Of his own, the first book on modern law Nobility, Brazil (Studies on Law Nobility, Ed Centaur-SP, 2000). For this volume, won the Oscar in 2000, per Arti visible and Letterario, Academy Ferdinandea - Scienze, Lettere, Arti ( Catania , Italy ). His work aristocratic traditions and international integration into the Brazilian Civil Law (Ed. Centaur - SP, 2005, p. 432) was the subject of special interview broadcast by Consulex Law Journal, publishing, 15/02/2008. On 08/11/2008, he was awarded by the Associazione Libera Abruzzi (Italy), the International Cultural Award "Abruzzo - Trentino Alto Adige", 15th edition, section Literature (Right Nobility), Traditions for his books and his aristocratic International Integration the Brazilian Civil Law, Law Studies Nobility, and the perpetuation of Qualities Sovereign in former reigning dynasties.
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