The Montevideo Convention on the Rights and Duties of States is a treaty that was signed by 20 American states on December 26, 1933 in Montevideo as part of the Seventh International Conference of American States ("Seventh International Conference of American States "). The treaty is about regional international treaty law, which only develops binding obligations for the contracting states.
At this conference in Montevideo, US President Franklin D. Roosevelt and US Secretary of State Cordell Hull declared their opposition to armed interventions in domestic affairs. This should contradict the impression of US imperialism . This is also called the Good Neighbor Policy .
Definition of the state
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 state as the subject of international law should have the following characteristics: (a) a permanent population ; (b) a defined national territory ; (c) a government ; and (d) the ability to relate to other states. "
The Montevideo Convention thus lays down the definition of the state as well as the rights and obligations of states. It expands the association of the three classic prerequisites (according to Jellinek's triad of the constitutive elements of the concept of the state) by a fourth condition: the ability to establish foreign relations resulting from external sovereignty ( exclusive international legal directness ). According to general state practice, however, this cannot be regarded as a necessary requirement and as "irrelevant for statehood".
The first sentence of Article 3 stipulates that "The political existence of the state is independent of recognition by the other states." ( Engl. "The political existence of the state is independent of recognition by the other states." ) This is referred to as the declarative theory of sovereignty . It has been questioned several times whether these criteria are sufficient, as they are not fully recognized states such as the Republic of China (Taiwan) or entities that are not recognized in principle such as the Principality of Sealand . According to the alternative constitutive theory of sovereignty , a state only exists if it is recognized by other states.
- Every state, whether internationally accepted or not, has the right to defense of its territory, political contact and internal security.
- The constitution of a state applies to all persons who stay on its territory.
- Christian Seiler , The sovereign constitutional state between democratic reconnection and supranational integration , Mohr Siebeck, Tübingen 2005, p. 49 note 354 : “The three-element doctrine generally prevailed in international law . As far as can be seen, it was only contractually defined in Article 1 of the Montevideo Convention of 1933 on the rights and obligations of states [...]. "
- Matthias Herdegen : Völkerrecht , 12th edition, CH Beck, Munich 2012, § 8 Rn. 4th
- information, Stephan Hobe , Otto Kimminich , Introduction to Völkerrecht , p. 68 f. ; Christian Seiler, The sovereign constitutional state between democratic backbone and supranational integration , Mohr Siebeck, Tübingen 2005, p. 49, sees in the last element only the expression of the "already assumed effectiveness of state authority ".
- So Theodor Schweisfurth , Völkerrecht , Rn. 49, 50 .
- Convention on Rights and Duties of States (inter-American) ; December 26, 1933 ( Montevideo Convention in English)