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    4 - Montevideo Convention On The Rights and Duties of States

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    The Montevideo Convention on the Rights and Duties of States defines statehood as having a permanent population, defined territory, government, and capacity to enter into relations with other states. It establishes that states have equal rights and are juridically equal under international law regardless of power, and that no state can intervene in another state's internal or external affairs.

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    4 - Montevideo Convention On The Rights and Duties of States

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    ecalota
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    The Montevideo Convention on the Rights and Duties of States defines statehood as having a permanent population, defined territory, government, and capacity to enter into relations with other states. It establishes that states have equal rights and are juridically equal under international law regardless of power, and that no state can intervene in another state's internal or external affairs.

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    4 - Montevideo Convention on the Rights and Duties of States

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    The Montevideo Convention on the Rights and Duties of States defines statehood as having a permanent population, defined territory, government, and capacity to enter into relations with other states. It establishes that states have equal rights and are juridically equal under international law regardless of power, and that no state can intervene in another state's internal or external affairs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    8 views3 pages

    4 - Montevideo Convention On The Rights and Duties of States

    Uploaded by

    ecalota
    The Montevideo Convention on the Rights and Duties of States defines statehood as having a permanent population, defined territory, government, and capacity to enter into relations with other states. It establishes that states have equal rights and are juridically equal under international law regardless of power, and that no state can intervene in another state's internal or external affairs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3

    Montevideo Convention on the Rights and

    Duties of States

    This treaty was signed at the International Conference of American States in Montevideo,
    Uruguay on December 26, 1933. It entered into force on December 26, 1934. The treaty
    discusses the definition and rights of statehood.

    CONVENTION ON RIGHTS AND DUTIES OF STATES

    The Governments represented in the Seventh International Conference of American


    States:

    ARTICLE 1
    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.

    ARTICLE 2
    The federal state shall constitute a sole person in the eyes of international law.

    ARTICLE 3
    The political existence of the state is independent of recognition by the other states. Even
    before recognition the state has the right to defend its integrity and independence, to provide
    for its conservation and prosperity, and consequently to organize itself as it sees fit, to
    legislate upon its interests, administer its services, and to define the jurisdiction and
    competence of its courts.

    The exercise of these rights has no other limitation than the exercise of the rights of other
    states according to international law.

    ARTICLE 4
    States are juridically equal, enjoy the same rights, and have equal capacity in their exercise.
    The rights of each one do not depend upon the power which it possesses to assure its
    exercise, but upon the simple fact of its existence as a person under international law.

    ARTICLE 5
    The fundamental rights of states are not susceptible of being affected in any manner
    whatsoever.

    ARTICLE 6
    The recognition of a state merely signifies that the state which recognizes it accepts the
    personality of the other with all the rights and duties determined by international law.
    Recognition is unconditional and irrevocable.

    ARTICLE 7
    The recognition of a state may be express or tacit. The latter results from any act which
    implies the intention of recognizing the new state.

    ARTICLE 8
    No state has the right to intervene in the internal or external affairs of another.

    ARTICLE 9
    The jurisdiction of states within the limits of national territory applies to all the inhabitants.

    Nationals and foreigners are under the same protection of the law and the national
    authorities and the foreigners may not claim rights other or more extensive than those of the
    nationals.

    ARTICLE 10
    The primary interest of states is the conservation of peace. Differences of any nature which
    arise between them should be settled by recognized pacific methods.

    ARTICLE 11
    The contracting states definitely establish as the rule of their conduct the precise obligation
    not to recognize territorial acquisitions or special advantages which 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 territory of a state is
    inviolable and may not be the object of military occupation nor of other measures of force
    imposed by another state directly or indirectly or for any motive whatever even temporarily.

    ARTICLE 12
    The present Convention shall not affect obligations previously entered into by the High
    Contracting Parties by virtue of international agreements.
    ARTICLE 13
    The present Convention shall be ratified by the High Contracting Parties in conformity with
    their respective constitutional procedures. The Minister of Foreign Affairs of the Republic of
    Uruguay shall transmit authentic certified copies to the governments for the aforementioned
    purpose of ratification. The instrument of ratification shall be deposited in the archives of the
    Pan American Union in Washington, which shall notify the signatory governments of said
    deposit. Such notification shall be considered as an exchange of ratifications.

    ARTICLE 14
    The present Convention will enter into force between the High Contracting Parties in the
    order in which they deposit their respective ratifications.

    ARTICLE 15
    The present Convention shall remain in force indefinitely but may be denounced by means
    of one year’s notice given to the Pan American Union, which shall transmit it to the other
    signatory governments. After the expiration of this period the Convention shall cease in its
    effects as regards the party which denounces but shall remain in effect for the remaining
    High Contracting Parties.

    ARTICLE 16
    The present Convention shall be open for the adherence and accession of the States which
    are not signatories. The corresponding instruments shall be deposited in the archives of the
    Pan American Union which shall communicate them to the other High Contracting Parties.

    In witness whereof, the following Plenipotentiaries have signed this Convention in Spanish,
    English, Portuguese and French and hereunto affix their respective seals in the city of
    Montevideo, Republic of Uruguay, this 26th day of December, 1933.

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