International Law
MONTEVIDEO 1933
MONTEVIDEO 1933
Customary International Law Governs Area 52 – Ex Terra and All Citizens of The Global Commons
“As a restatement of customary international law, The Montevideo Convention 1933 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.”
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. At the conference, United States President Franklin D. Roosevelt and Secretary of State Cordell Hull declared the Good Neighbour 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
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.
Contents of The Convention
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
The state as a person of international law should possess the following qualifications:
- a permanent population?
- a defined territory?
- a government?
- a capacity to “enter into relations” with 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
An important part of the convention was a prohibition of using military force to gain sovereignty. According to Article 11 of the Convention in effect prohibiting NATO the UN and Zelensky and the US Neocon lobby from defeating Russia via war
