Montevideo Convention
Encyclopedia
The Montevideo Convention on the Rights and Duties of States was a treaty signed at Montevideo
, Uruguay
, on December 26, 1933, during the Seventh International Conference of American States. The Convention codified the declarative theory of statehood as accepted as part of customary international law
. 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
.
The convention became operative on December 26, 1934. It was registered in League of Nations Treaty Series on January 8, 1936.
:
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.
A fundamental remark must be underlined: the conditions of article 1 are limited by article 11, which forbids the use of military force to obtain sovereignty. Article 11 reflected the contemporary Stimson Doctrine
, and it is now a fundamental part of international law through article 2 paragraph 4 of the Charter of the United Nations. Article 11 allows a clear distinction between sovereign
and puppet state
s, the latter ones being excluded from international recognition of statehood.
Some have questioned whether these criteria are sufficient, as they allow less-recognized entities like the Republic of China (Taiwan)
to claim full status as states. According to the alternative constitutive theory of statehood, a state exists only insofar as it is recognized by other states. It should not be confused with the Estrada doctrine.
The conference is also notable in American history because one of the U.S. representatives was social worker and educator, Dr. Sophonisba Preston Breckinridge (1866-1948). She was the first U.S. female representative at an international conference.
:
However, 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.
The European Union
, in the principal statement of its Badinter Committee, 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.
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."
External links=
Montevideo
Montevideo is the largest city, the capital, and the chief port of Uruguay. The settlement was established in 1726 by Bruno Mauricio de Zabala, as a strategic move amidst a Spanish-Portuguese dispute over the platine region, and as a counter to the Portuguese colony at Colonia del Sacramento...
, Uruguay
Uruguay
Uruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...
, on December 26, 1933, during the Seventh International Conference of American States. The Convention codified the declarative theory of statehood as accepted as part of customary international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. At the conference, United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
and Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
Cordell Hull
Cordell Hull
Cordell Hull was an American politician from the U.S. state of Tennessee. He is best known as the longest-serving Secretary of State, holding the position for 11 years in the administration of President Franklin Delano Roosevelt during much of World War II...
declared the Good Neighbor Policy
Good Neighbor policy
The Good Neighbor policy was the foreign policy of the administration of United States President Franklin Roosevelt toward the countries of Latin America. Its main principle was that of non-intervention and non-interference in the domestic affairs of Latin America...
, 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
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
The convention became operative on December 26, 1934. It was registered in League of Nations Treaty Series on January 8, 1936.
Background
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 sometimes been recognized as an accurate statement of customary international lawCustomary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
:
- 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.
A fundamental remark must be underlined: the conditions of article 1 are limited by article 11, which forbids the use of military force to obtain sovereignty. Article 11 reflected the contemporary Stimson Doctrine
Stimson Doctrine
The Stimson Doctrine is a policy of the United States federal government, enunciated in a note of January 7, 1932, to Japan and China, of non-recognition of international territorial changes that were executed by force. The doctrine was an application of the principle of ex injuria jus non oritur...
, and it is now a fundamental part of international law through article 2 paragraph 4 of the Charter of the United Nations. Article 11 allows a clear distinction between sovereign
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
and puppet state
Puppet state
A puppet state is a nominal sovereign of a state who is de facto controlled by a foreign power. The term refers to a government controlled by the government of another country like a puppeteer controls the strings of a marionette...
s, the latter ones being excluded from international recognition of statehood.
Some have questioned whether these criteria are sufficient, as they allow less-recognized entities like the Republic of China (Taiwan)
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
to claim full status as states. According to the alternative constitutive theory of statehood, a state exists only insofar as it is recognized by other states. It should not be confused with the Estrada doctrine.
The conference is also notable in American history because one of the U.S. representatives was social worker and educator, Dr. Sophonisba Preston Breckinridge (1866-1948). She was the first U.S. female representative at an international conference.
Criticisms
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. 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. "Independence" and "sovereignty" are not mentioned in article 1 of the convention.Signatories
The states that have signed this convention are limited to the AmericasAmericas
The Americas, or America , are lands in the Western hemisphere, also known as the New World. In English, the plural form the Americas is often used to refer to the landmasses of North America and South America with their associated islands and regions, while the singular form America is primarily...
:
However, 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.
The European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, in the principal statement of its Badinter Committee, 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.
Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, 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."
External links=
- link to the text of the convention: http://www.taiwandocuments.org/montevideo01.htm