Montevideo Convention

Montevideo Convention
Convention on the Rights and Duties of States
	Ratifications and signatories of the treaty; Parties Signatories Other Organization of American States members
Signed	December 26, 1933
Location	Montevideo, Uruguay
Effective	December 26, 1934
Signatories	20
Parties	17 (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]

Background

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]}

Contents of the convention

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

Parties

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

Notes

^ The Organization of American States' database lists Costa Rica as signing the treaty, but the treaty does not include a signature by Costa Rica.^[8]

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]

Analysis

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]

References

^ ^a ^b ^c ^d ^e "A-40: Convention on Rights and Duties of States". Organization of American States. Retrieved 2013-07-23.
^ ^a ^b Hersch Lauterpacht (2012). Recognition in International Law. Cambridge University Press. p. 419. ISBN 9781107609433.
^ "United States of America - Convention on Rights and Duties of States adopted by the Seventh International Conference of American States, Signed at Montevideo, December 26th, 1933 [1936] LNTSer 9; 165 LNTS 19". www.worldlii.org. 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
^ "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". International Law Reports. 92: 162–166. January 1993. doi:10.1017/CBO9781316152195.002. ISSN 0309-0671.
^ Switzerland's Ministry of Foreign Affairs, DFA, Directorate of International Law: "Recognition of States and Governments," 2005.
^ Akande, Dapo (7 August 2013). "The Importance of Legal Criteria for Statehood: A Response to Jure Vidmar". EJIL: Talk!.

External links

Original text at UN Treaties Series, Registration Number: 3802
Searching for a symbol The Montevideo Convention and Taiwan/ROC

[9] The Organization of American States' database lists Costa Rica as signing the treaty, but the treaty does not include a signature by Costa Rica.^[8]

[rat-1] "A-40: Convention on Rights and Duties of States". Organization of American States. Retrieved 2013-07-23.

[Hersch_Lauterpacht_2012_419-2] Hersch Lauterpacht (2012). Recognition in International Law. Cambridge University Press. p. 419. ISBN 9781107609433.

[3] "United States of America - Convention on Rights and Duties of States adopted by the Seventh International Conference of American States, Signed at Montevideo, December 26th, 1933 [1936] LNTSer 9; 165 LNTS 19". www.worldlii.org. pp. 20–43.

[Herring-4] 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.

[5] 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

[6] 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

[UN-7] "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.

[CR-8] 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).

[yale-10] "Convention on the Rights and Duties of States". Yale. Retrieved 2013-07-23.

[11] Harris, D.J. (ed) 2004 "Cases and Materials on International Law" 6th Ed. at p. 99. Sweet and Maxwell, London

[12] 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.

[13] 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.

[14] "Opinion No.1". International Law Reports. 92: 162–166. January 1993. doi:10.1017/CBO9781316152195.002. ISSN 0309-0671.

[15] Switzerland's Ministry of Foreign Affairs, DFA, Directorate of International Law: "Recognition of States and Governments," 2005.

[EJIL-16] Akande, Dapo (7 August 2013). "The Importance of Legal Criteria for Statehood: A Response to Jure Vidmar". EJIL: Talk!.

[1]

[2]

[3]

[4]

[5]

[6]

[7]

[a]

[8]

[9]

[10]

[11]

[12]

[13]

[14]

[15]

v t e Franklin D. Roosevelt
32nd President of the United States (1933–1945) 44th Governor of New York (1929–1932) Assistant Secretary of the Navy (1913–1920) New York State Senator (1911–1913)
Presidency (timeline)	Transition Inaugurations (1st 2nd 3rd 4th) First and second terms Third and fourth terms Foreign policy New Deal overview New Deal coalition First 100 days Second New Deal Federal Emergency Relief Administration Civilian Conservation Corps Agricultural Adjustment Act Emergency Banking Act Federal-Aid Highway Act of 1944 Fish and Wildlife Coordination Act Tennessee Valley Authority National Labor Relations Act of 1935 National Industrial Recovery Act of 1933 Public Works Administration National Recovery Administration Works Progress Administration National Youth Administration Social Security Act Aid to Families with Dependent Children Communications Act of 1934 Federal Communications Commission Securities and Exchange Commission Monetary gold ownership Gold Reserve Act Silver seizure Record on civil rights Defense industry non-discrimination Fair Employment Practice Committee Indian Reorganization Act Executive Orders 9066, 9102 War Relocation Authority Japanese American internment German-American internment Italian-American internment Brownlow Committee Executive Office of the President G.I. Bill of Rights Cullen–Harrison Act Roerich Pact Four Freedoms Four Freedoms Monument Black Cabinet Jefferson's Birthday holiday Jefferson Memorial Judicial Court-Packing Bill Cannabis policy Federal Judicial appointments Supreme Court Harlan F. Stone Supreme Court nomination Wiley Rutledge Supreme Court nomination Cabinet "Brain Trust" March of Dimes Modern Oval Office Official car Criticism Executive Orders Presidential Proclamations
Presidential foreign policy	Banana Wars U.S. occupation of Nicaragua, 1912–1933 U.S. occupation of Haiti, 1915–1934 Good Neighbor Policy (1933–1945) Montevideo Convention (1933) Second London Naval Treaty (1936) ABCD line (1940) Export Control Act Four Policemen Destroyers-for-bases deal Lend-Lease 1940 Selective Service Act Hull note Atlantic Charter (1941) Military history of the United States during World War II Home front during World War II Combined Munitions Assignments Board War Production Board Declaration by United Nations (1942) Dumbarton Oaks Conference World War II conferences Quebec Agreement Europe first Morgenthau Plan support
Presidential speeches	1932 Acceptance speech Commonwealth Club Address Madison Square Garden speech "Four Freedoms" Day of Infamy speech Arsenal of Democracy "...is fear itself" Fireside chats "Look to Norway" Quarantine Speech "The More Abundant Life" State of the Union Address (1934 1938 1939 1940 1941 (Four Freedoms) 1944 (Second Bill of Rights) 1945)
Other events	Early life, education, career Warm Springs Institute Governorship of New York Business Plot Assassination attempt
Elections	1928 New York state election 1930 Democratic National Convention, 1920 1924 1932 1936 1940 1944 1920 United States presidential election 1932 theme song 1936 1940 1944
Life and homes	Early life and education Groton School Springwood birthplace, home, and gravesite Adams House FDR Suite Campobello home Paralytic illness Top Cottage Little White House, Warm Springs, Georgia
Legacy	Bibliography Statues Presidential Library and Museum Roosevelt Institute Roosevelt Institute Campus Network Franklin Delano Roosevelt Foundation Franklin Delano Roosevelt Memorial Roosevelt Island Four Freedoms Park White House Roosevelt Room Roosevelt Institute for American Studies USS Franklin D. Roosevelt USS Roosevelt Four Freedoms Award Four Freedoms paintings Unfinished portrait U.S. Postage stamps Roosevelt dime I'd Rather Be Right 1937 musical Films The Roosevelt Story 1947 Sunrise at Campobello 1960 Eleanor and Franklin 1976, The White House Years 1977 Backstairs at the White House 1979 miniseries World War II: When Lions Roared 1997 miniseries Warm Springs 2005 Hyde Park on Hudson 2012 The Roosevelts 2014 documentary The First Lady 2022 miniseries FDR 2023 miniseries Other namesakes
Family (Roosevelt • Delano)	Eleanor Roosevelt (wife) Anna Roosevelt Halsted (daughter) James Roosevelt II (son) Elliott Roosevelt (son) Franklin Delano Roosevelt Jr. (son) John Aspinwall Roosevelt II (son) James Roosevelt I (father) Sara Ann Delano (mother) James Roosevelt Roosevelt (half-brother) Isaac Roosevelt (grandfather) Warren Delano Jr. (grandfather) Fala (family dog) Major (family dog)
← Herbert Hoover Harry S. Truman → Category