Montevideo Agreement 1933admin
Under international law, a state is generally defined as based on the Montevideo Convention of 1933. In accordance with Article 1 of the Convention, the State, as a person of international law, should have the following qualifications: 1. Permanent population2. Defined domain3. 4. Ability to build relationships with other states. The Montevideo Convention on the Rights and Obligations of States is a treaty signed on December 26, 1933 in Montevideo, Uruguay, at the Seventh International Conference of American States. The convention codifies the declarative theory of the state, which is recognized as part of international customary law.  At the conference, U.S. President Franklin D.
Roosevelt and Secretary of State Cordell Hull declared the policy of the good neighbor, which rejected U.S. military interference in inter-American affairs. The convention was signed by 19 states. There were minor reservations about the acceptance of three signatories. These countries were Brazil, Peru and the United States.  Four other states signed the convention on December 26, 1933, but did not ratify it.   As witnesses, the following plenipotentiaries signed this Convention in Spanish, English, Portuguese and French, thus wearing their respective seals in the city of Montevideo, Republic of Uruguay, dated December 26, 1933. Signed in Montevideo, December 26, 1933, entered into force on December 26, 1933, December 26, 1934 Article 8 reaffirmed by protocol, 23 December 1936 The delegation of the United States of America, at the signing of the Convention on the Rights and Obligations of States, does so with the express reservation presented at the plenary session of the Conference of 22 December 1933 , which follows unreservedly: this Convention does not affect the previous commitments made by the High Contracting Parties under international agreements.
The political existence of the state is independent of recognition by other states. Even before recognition, the state has the right to defend its integrity and independence, to ensure its preservation and prosperity, and, therefore, to organize itself as it sees fit to legislate on its interests, manage its services and define the jurisdiction and jurisdiction of its courts. The exercise of these rights has no restriction other than the exercise of the rights of other states under international law. Recognition of one state simply means that the state that recognizes it accepts the personality of the other, with all the rights and obligations established by international law. Recognition is unconditional and irrevocable. To obtain statehood, other states must be recognized. The recognition of a state depends on legal and political factors. Especially during the Cold War, States refused to recognize new states within the enemy bloc for political reasons, while their recognition would have been justified from the point of view of international law. In most cases, the only means of self-determination of colonial or national ethnic minorities was to acquire international legal personality as a nation-state.  The majority of delegations to the International Conference of American States represented independent states from former colonies.