Montevideo Convention

Author: Leandro Alegsa Creation date: November 13, 2022

The Montevideo Convention on the Rights and Duties of States is a treaty. Today, it is part of customary international law. The treaty was signed at Montevideo, Uruguay, on December 26, 1933, at the Seventh International Conference of American States. At this conference, United States President Franklin D. Roosevelt and Secretary of State Cordell Hull declared the so-called Good Neighbor Policy which opposed U.S. armed intervention in inter-American affairs. Franklin D. Roosevelt tried to reverse the perception of "Yankee imperialism" with this treaty. The view of Yankee imperialism was brought about by policies instituted (largely) by his predecessor, President Herbert Hoover. The convention was signed by 19 states, three with reservations (Brazil, Peru and the United States).

The convention is about what a state is and what rights and duties a state has. The most well-known is article 1, which sets out the four criteria for statehood that have sometimes been recognized as an accurate statement of customary international law:

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.

In addition, the first sentence of article 3 states explicitly that "The political existence of the state is independent of recognition by the other states." This is known as the declarative theory of statehood.

Some have questioned whether these criteria are enough, as they allow less-recognized entities like the Republic of China (Taiwan) or under- or unrepresented entities like the Principality of Sealand, Somaliland or Liberland to claim full status as states. According to the alternative constitutive theory of statehood, a state exists only insofar as it is recognized by other states. It should not be confused with the Estrada doctrine.

Some people have attempted make the definition of statehood broader, although they have less support. Founders of non-territorial micronations often say that the requirement in the Montevideo Convention of a defined territory is unjust. Some non-territorial entities, notably the Sovereign Military Order of Malta, are considered subjects of international law, but they do not aspire to be states.

Questions and Answers

Q: What is the Montevideo Convention?

A: The Montevideo Convention on the Rights and Duties of States is a treaty that is now part of customary international law. It was signed at Montevideo, Uruguay, on December 26, 1933.

Q: Who declared the Good Neighbor Policy?

A: The Good Neighbor Policy was declared by United States President Franklin D. Roosevelt and Secretary of State Cordell Hull at the Seventh International Conference of American States.

Q: What are the four criteria for statehood set out in Article 1?

A: Article 1 sets out four criteria for statehood that have sometimes been recognized as an accurate statement of customary international law - permanent population, defined territory, government and capacity to enter into relations with other states.

Q: What does Article 3 say about recognition by other states?

A: The first sentence of article 3 states explicitly that "The political existence of the state is independent of recognition by the other states." This is known as the declarative theory of statehood.

Q: Are there any attempts to broaden the definition of statehood?

A: Some people have attempted make the definition of statehood broader, although they have less support.

Q: How do non-territorial micronations view this requirement in terms of justice?

A: Founders of non-territorial micronations often say that the requirement in the Montevideo Convention for a defined territory is unjust.