Montevideo Convention

The Montevideo Convention is a treaty which in Montevideo as part of the Seventh International Conference of American States ( " Seventh International Conference of American States " ) was signed by 20 American states on December 26, 1933. It is in the contract to regional international treaty law, which unfolds bonds only to the States Parties.

At this conference in Montevideo, the U.S. President Franklin D. Roosevelt and the U.S. Secretary of State Cordell Hull declared their rejection of armed intervention in internal American affairs. This gives the impression of U.S. imperialism should be rejected. This is also called Good Neighbor policy.

Definition of the state

Article 1 of the Convention contains a definition of the term "state":

" The state as a person of international law shoulderstand 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 a subject of international law should possess the following characteristics: (a) a permanent population; (b) a defined territory; ( c ) a government; and (d) the capacity to enter into relations with other states. "

The Montevideo Convention thus defines the definition of the state and the rights and duties of States. It extends the unity of the three classic conditions (after Jellinekschen Triassic of the constitutive elements of the concept of the state ) to a fourth condition: the sovereignty of an outer ( exclusive of international law immediacy ) following ability to absorb foreign relations. However, this can not be " considered irrelevant to the law " as a necessary requirement and as according to the general practice of States.

The first sentence of Article 3 stipulates that " The political existence of a state independent of recognition by the other states. " ( Engl. " The political existence of the state is independent of recognition by the other states. " ) This is as the declarative theory of sovereignty referred. It was repeatedly questioned whether these criteria are sufficient to recognize because they do not fully recognized states such as the Republic of China (Taiwan ), or generally not recognized structures such as the Principality of Sealand a status as a state. According to the alternative constitutive theory of sovereignty, a state exists only if this would be recognized by other states.

Further regulations

• Each state, whether internationally accepted or not, has the right to defend its territory, political contact and internal security.
• The constitution of a State applies to all persons who reside on its territory.