Montevideo Convention
Overview
The Montevideo Convention is a treaty signed in Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. The convention was designed to codify the declarative theory of statehood, which sets out the criteria for what constitutes a state in international law.
History
The Montevideo Convention was a response to the tumultuous political climate of the early 20th century. The aftermath of World War I and the onset of the Great Depression had led to a rise in nationalism and protectionism, which threatened the stability of international relations. The convention was an attempt to establish clear and universally accepted criteria for statehood, in order to prevent disputes over recognition and sovereignty.
Provisions
The Montevideo Convention sets out four criteria for statehood: a permanent population, a defined territory, a government, and the capacity to enter into relations with other states. These criteria are often referred to as the Montevideo criteria.
Permanent Population
A state must have a permanent population, meaning a group of individuals who live in the territory of the state on a permanent basis. The convention does not specify a minimum population size, and there is no requirement for the population to be homogeneous in terms of ethnicity, language, religion, or other characteristics.
Defined Territory
A state must have a defined territory, which includes land, internal waters, territorial sea, and airspace. The convention does not specify a minimum size for the territory, and there is no requirement for the territory to be contiguous.
Government
A state must have a government, which is defined as an organization that exercises effective control over the territory and population of the state. The convention does not specify a particular form of government, and there is no requirement for the government to be democratic or to respect human rights.
Capacity to Enter into Relations with Other States
A state must have the capacity to enter into relations with other states, meaning that it must be able to conduct foreign policy and enter into treaties. The convention does not specify a particular level of recognition by other states, and there is no requirement for the state to be a member of international organizations.
Impact
The Montevideo Convention has had a significant impact on international law and the practice of state recognition. It has been widely accepted as the definitive statement of the declarative theory of statehood, and its criteria have been applied in numerous cases of state recognition and admission to international organizations.
Criticisms
The Montevideo Convention has been criticized for its lack of clarity and specificity, and for its failure to address the issue of secession and the creation of new states. Some scholars have argued that the convention's criteria are too minimal and do not adequately reflect the complexities of statehood in the modern world.