What is montevideo Convention
The Montevideo Convention on the Rights and Duties of States, signed in 1933, is a foundational treaty in international law. It primarily discusses and codifies the criteria for statehood and the fundamental rights and duties of states.
Here are the key aspects it discusses:
* Criteria for Statehood (Article 1): This is the most well-known and influential part of the Convention. It stipulates that a state, as a person of international law, should possess the following qualifications:
* a) A permanent population: There must be a group of people residing permanently in the territory.
* b) A defined territory: The state needs a clearly understood geographical area, even if its exact borders are disputed.
* c) Government: There must be an effective government capable of maintaining order and administering the territory.
* d) Capacity to enter into relations with the other states: This signifies its independence and ability to engage in international affairs.
* Declarative Theory of Statehood: The Convention strongly supports the declarative theory of statehood, meaning that the political existence of a state is independent of recognition by other states. A state exists once it meets the criteria, even if other states haven't formally recognized it. This stands in contrast to the constitutive theory, which argues that recognition by other states is a prerequisite for statehood.
* Sovereignty and Equality of States: The Convention emphasizes that all states are juridically equal, enjoy the same rights, and have equal capacity in their exercise, regardless of their size or power.
* Non-intervention: A crucial principle outlined is that no state has the right to intervene in the internal or external affairs of another state. This promotes peaceful coexistence and respect for national sovereignty.
* Prohibition of Territorial Acquisition by Force: The Convention explicitly states that signatory states will not recognize territorial acquisitions or special advantages obtained by force, whether through military action, threatening diplomatic representations, or other coercive measures. It affirms that the territory of a state is inviolable.
* Peaceful Settlement of Disputes: The Convention implicitly encourages the peaceful resolution of disputes between states.
In essence, the Montevideo Convention provides a widely accepted framework for understanding what constitutes a state in international law and sets out fundamental principles for relations between states, particularly emphasizing sovereignty, equality, and non-intervention. While it was signed by a limited number of states, its principles, especially Article 1, are largely considered to reflect customary international law and are widely applied globally.
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