Convention on the Rights and Duties of States | |
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Signed | December 26, 1933 |
Location | Montevideo, Uruguay |
Effective | December 26, 1934 |
Signatories | 20 [1] |
Parties | 17 [1] (as of November 2021) |
Depositary | Pan American Union |
Languages | English, French, Spanish and Portuguese |
Full text | |
Montevideo Convention at Wikisource |
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. 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. [2] [1]
The convention became operative on December 26, 1934. It was registered in the 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.[ citation needed ]
Article 1 sets out the criteria for statehood:
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.
The first sentence of Article 3 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 contrast with the 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, [2]
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
The 17 states that have ratified this convention are limited to the Americas.
State [1] [7] | Signed | Deposited | Method |
---|---|---|---|
Brazil | Dec 26, 1933 | Feb 23, 1937 | Ratification |
Chile | Dec 26, 1933 | Mar 28, 1935 | Ratification |
Colombia | Dec 26, 1933 | Jul 22, 1936 | Ratification |
Costa Rica [a] | Sep 28, 1937 | Accession | |
Cuba | Dec 26, 1933 | Apr 28, 1936 | Ratification |
Dominican Republic | Dec 26, 1933 | Dec 26, 1934 | Ratification |
Ecuador | Dec 26, 1933 | Oct 3, 1936 | Ratification |
El Salvador | Dec 26, 1933 | Jan 9, 1937 | Ratification |
Guatemala | Dec 26, 1933 | Jun 12, 1935 | Ratification |
Haiti | Dec 26, 1933 | Aug 13, 1941 | Ratification |
Honduras | Dec 26, 1933 | Dec 1, 1937 | Ratification |
Mexico | Dec 26, 1933 | Jan 27, 1936 | Ratification |
Nicaragua | Dec 26, 1933 | Jan 8, 1937 | Ratification |
Panama | Dec 26, 1933 | Nov 13, 1938 | Ratification |
Paraguay | Dec 26, 1933 | Sep 7, 2018 | Ratification |
United States | Dec 26, 1933 | Jul 13, 1934 | Ratification |
Venezuela | Dec 26, 1933 | Feb 13, 1940 | Ratification |
A further three states signed the convention on 26 December 1933, but have not ratified it. [1] [9]
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. [9] Costa Rica, which did not attend the conference, later signed the convention. [8]
The Montevideo Convention codified several existing legal norms and principles, which apply to all subjects of international law. [10] [11] [ better source needed ]
The Badinter Committee, [12] which consisted of arbitrators from several European countries, considered a state as having a territory, population, and organised political authority and that the existence of states was a question of fact, while the recognition by other states was purely declaratory. [13]
Switzerland 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." [14] [ verify ]
Actual state practices do not follow the Montevideo Convention exactly. While they play an important role, fulfilling its criteria do not automatically create a state because additional requirements must be met. The status of countries such as Kosovo and Somaliland largely depends on the recognition or non-recognition by other states. [15]
A country is a distinct part of the world, such as a state, nation, or other political entity. When referring to a specific polity, the term "country" may refer to a sovereign state, states with limited recognition, constituent country, or a dependent territory. Most sovereign states, but not all countries, are members of the United Nations. There is no universal agreement on the number of "countries" in the world since several states have disputed sovereignty status, limited recognition and a number of non-sovereign entities are commonly considered countries.
Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage.
A territorial dispute or boundary dispute is a disagreement over the possession or control of territories between two or more political entities.
The political status of Taiwan or the Taiwan issue is an ongoing geopolitical dispute about Taiwan, currently controlled by the Republic of China (ROC), that arose in the mid-twentieth century. Originally based in mainland China before and during World War II, the ROC government retreated to Taiwan in 1949 after it was defeated by the Chinese Communist Party (CCP) during the Chinese Civil War and the subsequent establishment of the People's Republic of China (PRC). Since then, the effective jurisdiction of the ROC has been limited to Taiwan, Penghu, Kinmen, Matsu, and smaller islands.
Succession of states is a concept in international relations regarding a successor state that has become a sovereign state over a territory that was previously under the sovereignty of another state. The theory has its roots in 19th-century diplomacy. A successor state often acquires a new international legal personality, which is distinct from a continuing state, also known as a continuator or historical heir, which despite changes to its borders retains the same legal personality and possess all its existing rights and obligations.
Diplomatic recognition in international law is a unilateral declarative political act of a state that acknowledges an act or status of another state or government in control of a state. Recognition can be accorded either on a de facto or de jure basis. Partial recognition can occur if many sovereign states refuse to recognize an entity as a peer. Recognition can be a declaration to that effect by the recognizing government or may be implied from an act of recognition, such as entering into a treaty with the other state or making a state visit. Recognition may, but need not, have domestic and international legal consequences. If sufficient countries recognise a particular entity as a state, that state may have a right to membership in international organizations, while treaties may require all existing member countries unanimously agreeing to the admission of a new member.
The Bancroft treaties, also called the Bancroft conventions, were a series of agreements made in the late 19th and early 20th centuries between the United States and other countries. They recognized the right of each party's nationals to become naturalized citizens of the other and defined circumstances in which naturalized persons were legally presumed to have abandoned their new citizenship and resumed their old one.
A people is any plurality of persons considered as a whole. Used in politics and law, the term "a people" refers to the collective or community of an ethnic group or nation. The term "the people" refers to the public or common mass of people of a polity. As such it is a concept of human rights law, international law as well as constitutional law, particularly used for claims of popular sovereignty.
The Arbitration Commission of the Conference on Yugoslavia was an arbitration body set up by the Council of Ministers of the European Economic Community (EEC) on 27 August 1991 to provide the conference on Yugoslavia with legal advice. Robert Badinter was appointed to President of the five-member Commission consisting of presidents of Constitutional Courts in the EEC. The Arbitration Commission has handed down fifteen opinions on "major legal questions" raised by the conflict between several republics of the Socialist Federal Republic of Yugoslavia (SFRY).
International law is the set of rules, norms, and standards that states and other actors feel an obligation to obey in their mutual relations and generally do obey. In international relations, actors are simply the individuals and collective entities, such as states, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, often written expectations for behavior and norms are less formal, customary expectations about appropriate behavior that are frequently unwritten. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights.
Croatia held an independence referendum on 19 May 1991, following the Croatian parliamentary elections of 1990 and the rise of ethnic tensions that led to the breakup of Yugoslavia. With 83 percent turnout, voters approved the referendum, with 93 percent in favor of independence. Subsequently, Croatia declared independence and the dissolution of its association with Yugoslavia on 25 June 1991, but it introduced a three-month moratorium on the decision when urged to do so by the European Community and the Conference on Security and Cooperation in Europe through the Brioni Agreement. The war in Croatia escalated during the moratorium, and on 8 October 1991, the Croatian Parliament severed all remaining ties with Yugoslavia. In 1992, the countries of the European Economic Community granted Croatia diplomatic recognition and Croatia was admitted to the United Nations.
The three Baltic countries, or the Baltic states – Estonia, Latvia, and Lithuania – are held to have continued as independent states under international law while under Soviet occupation from 1940 to 1991, as well as during the German occupation in 1941–1944/1945. The prevailing opinion accepts the Baltic thesis that the Soviet occupation was illegal, and all actions of the Soviet Union related to the occupation are regarded as contrary to international law in general and to the bilateral treaties between the USSR and the three Baltic countries in particular.
The Minority Treaties[a] are treaties, League of Nations mandates, and unilateral declarations made by countries applying for membership in the League of Nations that conferred basic rights on all the inhabitants of the country without distinction of birth, nationality, language, race or religion. The country concerned had to acknowledge the clauses of the treaty as fundamental laws of state and as obligations of international concern placed under the guarantee of the League of Nations. Most of the treaties entered into force after the Paris Peace Conference.
A sovereign state is a state that has the supreme sovereignty or ultimate authority over a territory. It is commonly understood that a sovereign state is independent. When referring to a specific polity, the term "country" may also refer to a constituent country, or a dependent territory.
The legal status of the Holy See, the ecclesiastical jurisdiction of the Catholic Church in Rome, both in state practice and according to the writing of modern legal scholars, is that of a full subject of public international law, with rights and duties analogous to those of states.
The Palestine Liberation Organization (PLO) declared the establishment of the State of Palestine on November 15, 1988. As of June 2024, the State of Palestine is recognized as a sovereign state by 145 of the 193 member states of the United Nations. It is a non-member observer state at the United Nations since November 2012. This limited status is largely due to the United States, a permanent member of the Security Council with veto power, has consistently used its veto or threatened to do so to block Palestine’s full membership to UN. The existence of a state of Palestine is recognized by the states that have established bilateral diplomatic relations with it. There is a wide range of views on the legal status of the State of Palestine, both among international states and legal scholars.
Native Hawaiians are the Indigenous peoples of the Hawaiian Islands. Since the involvement of the United States in the overthrow of the Kingdom of Hawaii, federal statutes have been enacted to address conditions of Native Hawaiians, with some feeling these should be formalized in the same manner of sovereignty as other Indigenous populations in the United States and Alaska Natives. However, some controversy surrounds the proposal for formal recognition – many Native Hawaiian political organizations believe recognition might interfere with Hawaiian claims to independence as a constitutional monarchy through international law.
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).