The convention became operative on December 26, 1934. It was registered in League of Nations Treaty Series on January 8, 1936.[3]
The conference is notable in U.S. history, since one of the U.S. representatives was Dr. Sophonisba Preston Breckinridge, the first U.S. female representative at an international conference.[4]
In most cases, the only avenue open to self-determination for colonial or national ethnic minority populations was to achieve international legal personality as a nation-state.[5] The majority of delegations at the International Conference of American States represented independent states that had emerged from former colonies. In most cases, their own existence and independence had been disputed or opposed by one or more of the European colonial empires. They agreed among themselves to criteria that made it easier for other dependent states with limited sovereignty to gain international recognition.
Contents of the conventionEdit
The convention sets out the definition, rights and duties of statehood. Most well-known is Article 1, which sets out the four criteria for statehood that have been recognized by international organizations as an accurate statement of customary international law:
The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.
Furthermore, the first sentence of Article 3 explicitly states that "The political existence of the state is independent of recognition by the other states." This is known as the declarative theory of statehood. It stands in conflict with the alternative constitutive theory of statehood, by which a state exists only insofar as it is recognized by other states. It should not be confused with the Estrada doctrine. "Independence" and "sovereignty" are not mentioned in article 1.[6]
An important part of the convention was a prohibition of using military force to gain sovereignty. According to Article 11 of the Convention,[7]
The contracting states definitely establish the rule of their conduct the precise obligation not to recognize territorial acquisitions or advantages that have been obtained by force whether this consists in the employment of arms, in threatening diplomatic representations, or in any other effective coercive measure
Furthermore, Article 11 reflects the contemporary Stimson Doctrine, and is now a fundamental part of international law through article 2 paragraph 4 of the Charter of the United Nations.
The only state to attend the Seventh International Conference of American States, where the convention was agreed upon, which did not sign it was Bolivia.[10] Costa Rica, which did not attend the conference, later signed the convention.[9]
As a restatement of customary international law, the Montevideo Convention merely codified existing legal norms and its principles and therefore does not apply merely to the signatories, but to all subjects of international law as a whole.[11][12]
The European Union, in the principal statement of its Badinter Committee,[13] follows the Montevideo Convention in its definition of a state: by having a territory, a population, and a political authority. The committee also found that the existence of states was a question of fact, while the recognition by other states was purely declaratory and not a determinative factor of statehood.[14]
Switzerland, although not a member of the European Union, adheres to the same principle, stating that "neither a political unit needs to be recognized to become a state, nor does a state have the obligation to recognize another one. At the same time, neither recognition is enough to create a state, nor does its absence abolish it."[15]
^Hersch Lauterpacht (2012). Recognition in International Law. Cambridge University Press. p. 419. ISBN9781107609433.
^League of Nations Treaty Series, vol. 165, pp. 20-43.
^From colony to superpower: U.S. foreign relations since 1776, by George C. Herring, Oxford University Press, 2008, p. 499. Online at Google Books. Retrieved 2011-09-20.
^The Postcoloniality of International Law, Harvard International Law Journal, Volume 46, Number 2, Summer 2005, Sundhya Pahuja, page 5 2009-02-05 at the Wayback Machine
^see for example State Failure, Sovereignty and Effectiveness, Legal Lessons from the Decolonization of Sub-Saharan Africa, Gerard Kreijen, Published by Martinus Nijhoff, 2004, ISBN90-04-13965-6, page 110
^Hersch Lauterpacht (2012). Recognition in International Law. Cambridge University Press. p. 419. ISBN9781107609433.
^"Convention on Rights and Duties of States adopted by the Seventh International Conference of American States". United Nations Treaty Series, Registration Number:3802. Retrieved 2015-11-16.
^ abEncyclopedia of the Inter-American System. Greenwood Publishing Group. 1997-01-01. p. 287. ISBN9780313286001. Retrieved 2013-07-23. Delegations from twenty states participated - from the United States and all those in Latin America except Costa Rica (provision was made for Costa Rica to later sign the conventions and treaties presented in the conference).
^ ab"Convention on the Rights and Duties of States". Yale. Retrieved 2013-07-23.
^Harris, D.J. (ed) 2004 "Cases and Materials on International Law" 6th Ed. at p. 99. Sweet and Maxwell, London
^Castellino, Joshua (2000). International Law and Self-Determination: The Interplay of the Politics of Territorial Possession With Formulations of Post-Colonial National Identity. Martinus Nijhoff Publishers. p. 77. ISBN9041114092.
^The Badinter Arbitration Committee (full title), named for its chair, ruled on the question of whether the Republics of Croatia, Macedonia, and Slovenia, who had formally requested recognition by the members of the European Union and by the EU itself, had met conditions specified by the Council of Ministers of the European Community on December 16, 1991. . Archived from the original on 2008-05-17. Retrieved 2012-05-10.
^Opinion No 1., Badinter Arbitration Committee, states that "the state is commonly defined as a community which consists of a territory and a population subject to an organized political authority; that such a state is characterized by sovereignty" and that "the effects of recognition by other states are purely declaratory".
^Switzerland's Ministry of Foreign Affairs, DFA, Directorate of International Law: "Recognition of States and Governments," 2005.
Further readingEdit
Stuart, Graham. "The Results of the Good Neighbor Policy In Latin America' World Affairs 102#3 (September, 1939), pp. 166-170 online
External linksEdit
Wikisource has original text related to this article:
Montevideo Convention
Original text at UN Treaties Series, Registration Number: 3802
Searching for a symbol The Montevideo Convention and Taiwan/ROC
October 19, 2023
montevideo, convention, rights, duties, states, treaty, signed, montevideo, uruguay, december, 1933, during, seventh, international, conference, american, states, convention, codifies, declarative, theory, statehood, accepted, part, customary, international, c. The Montevideo Convention on the Rights and Duties of States is a treaty signed at Montevideo Uruguay on December 26 1933 during the Seventh International Conference of American States The Convention codifies the declarative theory of statehood as accepted as part of customary international law 2 At the conference United States President Franklin D Roosevelt and Secretary of State Cordell Hull declared the Good Neighbor Policy which opposed U S armed intervention in inter American affairs The convention was signed by 19 states The acceptance of three of the signatories was subject to minor reservations Those states were Brazil Peru and the United States 1 Montevideo ConventionConvention on the Rights and Duties of StatesRatifications and signatories of the treaty Parties Signatories Other Organization of American States membersSignedDecember 26 1933LocationMontevideo UruguayEffectiveDecember 26 1934Signatories20 1 Parties17 1 as of November 2021 DepositaryPan American UnionLanguagesEnglish French Spanish and PortugueseFull textMontevideo Convention at WikisourceThe convention became operative on December 26 1934 It was registered in League of Nations Treaty Series on January 8 1936 3 The conference is notable in U S history since one of the U S representatives was Dr Sophonisba Preston Breckinridge the first U S female representative at an international conference 4 Contents 1 Background 2 Contents of the convention 3 Parties 4 Customary international law 5 See also 6 References 7 Further reading 8 External linksBackground EditSee also Declarative theory of statehood In most cases the only avenue open to self determination for colonial or national ethnic minority populations was to achieve international legal personality as a nation state 5 The majority of delegations at the International Conference of American States represented independent states that had emerged from former colonies In most cases their own existence and independence had been disputed or opposed by one or more of the European colonial empires They agreed among themselves to criteria that made it easier for other dependent states with limited sovereignty to gain international recognition Contents of the convention EditThe convention sets out the definition rights and duties of statehood Most well known is Article 1 which sets out the four criteria for statehood that have been recognized by international organizations as an accurate statement of customary international law The state as a person of international law should possess the following qualifications a a permanent population b a defined territory c government and d capacity to enter into relations with the other states Furthermore the first sentence of Article 3 explicitly states that The political existence of the state is independent of recognition by the other states This is known as the declarative theory of statehood It stands in conflict with the alternative constitutive theory of statehood by which a state exists only insofar as it is recognized by other states It should not be confused with the Estrada doctrine Independence and sovereignty are not mentioned in article 1 6 An important part of the convention was a prohibition of using military force to gain sovereignty According to Article 11 of the Convention 7 The contracting states definitely establish the rule of their conduct the precise obligation not to recognize territorial acquisitions or advantages that have been obtained by force whether this consists in the employment of arms in threatening diplomatic representations or in any other effective coercive measure Furthermore Article 11 reflects the contemporary Stimson Doctrine and is now a fundamental part of international law through article 2 paragraph 4 of the Charter of the United Nations Parties Edit nbsp Parties to the Montevideo Convention Parties Signatories Other Organization of American States membersThe 17 states that have ratified this convention are limited to the Americas State 1 8 Signed Deposited Method nbsp Brazil Dec 26 1933 Feb 23 1937 Ratification nbsp Chile Dec 26 1933 Mar 28 1935 Ratification nbsp Colombia Dec 26 1933 Jul 22 1936 Ratification nbsp Costa Rica a Sep 28 1937 Accession nbsp Cuba Dec 26 1933 Apr 28 1936 Ratification nbsp Dominican Republic Dec 26 1933 Dec 26 1934 Ratification nbsp Ecuador Dec 26 1933 Oct 3 1936 Ratification nbsp El Salvador Dec 26 1933 Jan 9 1937 Ratification nbsp Guatemala Dec 26 1933 Jun 12 1935 Ratification nbsp Haiti Dec 26 1933 Aug 13 1941 Ratification nbsp Honduras Dec 26 1933 Dec 1 1937 Ratification nbsp Mexico Dec 26 1933 Jan 27 1936 Ratification nbsp Nicaragua Dec 26 1933 Jan 8 1937 Ratification nbsp Panama Dec 26 1933 Nov 13 1938 Ratification nbsp Paraguay Dec 26 1933 Sep 7 2018 Ratification nbsp United States Dec 26 1933 Jul 13 1934 Ratification nbsp Venezuela Dec 26 1933 Feb 13 1940 RatificationNotes The Organization of American States database lists Costa Rica as signing the treaty but the treaty does not include a signature by Costa Rica 9 A further three states signed the Convention on 26 December 1933 but have not ratified it 1 10 nbsp Argentina nbsp Peru nbsp Uruguay The only state to attend the Seventh International Conference of American States where the convention was agreed upon which did not sign it was Bolivia 10 Costa Rica which did not attend the conference later signed the convention 9 Customary international law EditSee also Customary international law As a restatement of customary international law the Montevideo Convention merely codified existing legal norms and its principles and therefore does not apply merely to the signatories but to all subjects of international law as a whole 11 12 The European Union in the principal statement of its Badinter Committee 13 follows the Montevideo Convention in its definition of a state by having a territory a population and a political authority The committee also found that the existence of states was a question of fact while the recognition by other states was purely declaratory and not a determinative factor of statehood 14 Switzerland although not a member of the European Union adheres to the same principle stating that neither a political unit needs to be recognized to become a state nor does a state have the obligation to recognize another one At the same time neither recognition is enough to create a state nor does its absence abolish it 15 See also EditSovereignty Foreign policy of the Franklin D Roosevelt administrationReferences Edit a b c d e A 40 Convention on Rights and Duties of States Organization of American States Retrieved 2013 07 23 Hersch Lauterpacht 2012 Recognition in International Law Cambridge University Press p 419 ISBN 9781107609433 League of Nations Treaty Series vol 165 pp 20 43 From colony to superpower U S foreign relations since 1776 by George C Herring Oxford University Press 2008 p 499 Online at Google Books Retrieved 2011 09 20 The Postcoloniality of International Law Harvard International Law Journal Volume 46 Number 2 Summer 2005 Sundhya Pahuja page 5 Archived 2009 02 05 at the Wayback Machine see for example State Failure Sovereignty and Effectiveness Legal Lessons from the Decolonization of Sub Saharan Africa Gerard Kreijen Published by Martinus Nijhoff 2004 ISBN 90 04 13965 6 page 110 Hersch Lauterpacht 2012 Recognition in International Law Cambridge University Press p 419 ISBN 9781107609433 Convention on Rights and Duties of States adopted by the Seventh International Conference of American States United Nations Treaty Series Registration Number 3802 Retrieved 2015 11 16 a b Encyclopedia of the Inter American System Greenwood Publishing Group 1997 01 01 p 287 ISBN 9780313286001 Retrieved 2013 07 23 Delegations from twenty states participated from the United States and all those in Latin America except Costa Rica provision was made for Costa Rica to later sign the conventions and treaties presented in the conference a b Convention on the Rights and Duties of States Yale Retrieved 2013 07 23 Harris D J ed 2004 Cases and Materials on International Law 6th Ed at p 99 Sweet and Maxwell London Castellino Joshua 2000 International Law and Self Determination The Interplay of the Politics of Territorial Possession With Formulations of Post Colonial National Identity Martinus Nijhoff Publishers p 77 ISBN 9041114092 The Badinter Arbitration Committee full title named for its chair ruled on the question of whether the Republics of Croatia Macedonia and Slovenia who had formally requested recognition by the members of the European Union and by the EU itself had met conditions specified by the Council of Ministers of the European Community on December 16 1991 The Opinions of the Badinter Arbitration Committee A Second Breath for the Self Determination of Peoples Archived from the original on 2008 05 17 Retrieved 2012 05 10 Opinion No 1 Badinter Arbitration Committee states that the state is commonly defined as a community which consists of a territory and a population subject to an organized political authority that such a state is characterized by sovereignty and that the effects of recognition by other states are purely declaratory Switzerland s Ministry of Foreign Affairs DFA Directorate of International Law Recognition of States and Governments 2005 Further reading EditStuart Graham The Results of the Good Neighbor Policy In Latin America World Affairs 102 3 September 1939 pp 166 170 onlineExternal links Edit nbsp Wikisource has original text related to this article Montevideo Convention Original text at UN Treaties Series Registration Number 3802 Searching for a symbol The Montevideo Convention and Taiwan ROC Retrieved from https en wikipedia org w index php title Montevideo Convention amp oldid 1180875357, wikipedia, wiki, book, books, library,
