[Home]History of Montevideo Convention

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Revision 3 . . December 17, 2001 2:11 am by Hagedis
Revision 2 . . (edit) December 17, 2001 1:12 am by Hagedis
Revision 1 . . November 17, 2001 2:42 pm by SJK
  

Difference (from prior major revision) (author diff)

Changed: 1c1,12
The legal criteria statehood under international law are generally accepted as those set out in the Montevideo Convention (article 1) "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." (The Montevideo is a regional American convention; but the principles contained in this article have been generally recognized as an accurate statement of customary international law.) However, some have questioned whether these criteria are sufficent.
The Montevideo Convention on the Rights and Duties of States
was a treaty signed at Montevideo? on 26 December 1933, at the
Seventh International Conference of American States. The convention was
signed by 19 states, 3 with reservations.

Article 1 sets out the criteria for statehood:

: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.

The remaining articles set out various rights and duties of states.

The Montevideo is a regional American convention; but the principles contained in this article have been generally recognized as an accurate statement of customary international law. However, some have questioned whether these criteria are sufficent.

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