In most cases, the only avenue open to self-determination for colonial or national ethnic minority populations was to achieve international legal personality as a nation-state. The majority of delegations at the International Conference of American States represented independent states that had emerged from former colonies. In most cases, their own existence and independence had been disputed or opposed by one or more of the European colonial empires. They agreed among themselves to criteria that made it easier for other dependent states with limited sovereignty to gain international recognition.
Contents of the convention
The convention sets out the definition, rights and duties of statehood. Most well-known is Article 1, which sets out the four criteria for statehood that have been recognized by international organizations as an accurate statement of customary international law: Furthermore, the first sentence of Article 3 explicitly states that "The political existence of the state is independent of recognition by the other states." This is known as the declarative theory of statehood. It stands in conflict with 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. "Independence" and "sovereignty" are not mentioned in article 1. An important part of the convention was a prohibition of using military force to gain sovereignty. According to Article 11 of the Convention, Furthermore, Article 11 reflects the contemporary Stimson Doctrine, and is now a fundamental part of international law through article 2 paragraph 4 of the Charter of the United Nations.
Parties
The 16 states that have ratified this convention are limited to the Americas.
State
Signed
Deposited
Method
Ratification
Ratification
Ratification
Accession
Ratification
Ratification
Ratification
Ratification
Ratification
Ratification
Ratification
Ratification
Ratification
Ratification
Ratification
Ratification
;Notes A further four states signed the Convention on 26 December 1933, but have not ratified it. The only state to attend the Seventh International Conference of American States, where the convention was agreed upon, which did not sign it was Bolivia. Costa Rica, which did not attend the conference, later signed the convention.
Customary international law
As a restatement of customary international law, the Montevideo Convention merely codified existing legal norms and its principles and therefore does not apply merely to the signatories, but to all subjects of international law as a whole. The European Union, in the principal statement of its Badinter Committee, follows the Montevideo Convention in its definition of a state: by having a territory, a population, and a political authority. The committee also found that the existence of states was a question of fact, while the recognition by other states was purely declaratory and not a determinative factor of statehood. Switzerland, although not a member of the European Union, adheres to the same principle, stating that "neither a political unit needs to be recognized to become a state, nor does a state have the obligation to recognize another one. At the same time, neither recognition is enough to create a state, nor does its absence abolish it."
