《蒙特維多國家權利義務公約》為1933年12月26日由美國及中南美國家共19國所簽訂，因簽訂地點在第七屆美洲國家國際會議的召開地，烏拉圭的蒙特維多，故名。該公約是將主權國家的定義寫入國際條約的先例，永久的人口 、固定的領土、有效的政府、與他國交往的能力是構成主權國家的要素。以後聯合國有關主權國家的草案、宣言源自該公約的有關內容。
基本介紹
- 中文名：蒙特維多國家權利義務公約
- 外文名：Montevideo Convention on the Rights and Duties of States
- 時間：1933年12月26日
- 地點：烏拉圭蒙特維多
公約基本介紹,參與國家,
公約基本介紹
蒙特維多國家權利義務公約（Montevideo Convention on the Rights and Duties of States）於1933年12月26日在烏拉圭蒙特維多的第七屆美洲國家國際會議（International Conference of American States）上籤定，在會議中，美國總統羅斯福宣布了所謂的睦鄰政策（Good Neighbor Policy），反對美國干預美洲國家事務，試圖改變原本因老羅斯福以來實行的外交政策而招致拉美國家所稱“洋基帝國主義”（Yankee imperialism）的觀感，簽定此公約的國家有十九國，後來有三個國家持保留態度（美國、巴西與秘魯）。這19個國家分別是宏都拉斯、美國、薩爾瓦多、多米尼加、海地、阿根廷、委內瑞拉、烏拉圭、巴拉圭、墨西哥、巴拿馬、瓜地馬拉、巴西、厄瓜多、尼加拉瓜、哥倫比亞、智利、秘魯與古巴。
參與國家
蒙特維多國家權利義務公約（英文版及參與國家）
Montevideo Convention on the Rights and Duties of States
Signed at Montevideo, 26 December 1933 Entered into Force, 26 December 1934 Article 8 reaffirmed by Protocol, 23 December 1936
Bolivia alone amongst the states represented at the Seventh International Conference of American States did not sign the Convention. The United States of America, Peru, and Brazil ratified the Convention with reservations directly attached to the document.
CONVENTION ON RIGHTS AND DUTIES OF STATES
The Governments represented in the Seventh International Conference of American States:
Wishing to conclude a Convention on Rights and Duties of States, have appointed the following Plenipotentiaries:
For Honduras
Miguel PAZ Baraona Augusto C. COELLO Luis BOGRAN For the United States of America
Cordell HULL Alexander W. WEDDELL J. Reuben CLARK J. Butler WRIGHT Spruille BRADEN Miss Sophonisba P. BRECKINRIDGE For El Salvador
Hector David CASTRO Arturo Ramon AVILA J. Cipriano CASTRO For the Dominican Republic
Tulio M. CESTERO For Haiti
Justin BARAU Francis SALGADO Antoine PIERRE-PAUL Edmond MANGONES For Argentina
Carlos SAAVEDRA Lamas Juan F. CAFFERATA Ramon S. CASTILLO Carlos BREBBIA Isidoro RUIZ Moreno Luis A. PODESTA Costa Raul PREBISCH Daniel ANTOKOLETZ For Venezuela
Cesar ZUMETA Luis CHURTON José Rafael MONTILLA For Uruguay
Alberto MANE Juan José AMEZAGA José G. ANTUNA Juan Carlos BLANCO Senora Sofia A. V. DE DEMICHELI Martin R. ECHEGOYEN Luis Alberto DE HERRERA Pedro MANINI Rios Mateo MARQUES Castro Rodolfo MEZZERA Octavio MORATA Luis MORQUIO Teofilo PINEYRO Chain Dardo REGULES José SERRATO José Pedro VARELA For Paraguay
Justo Pastor BENITEZ Geronimo RIART Horacio A. FERNANDEZ Senorita Maria F. GONZALEZ For Mexico
José Manuel PUIG Casauranc Alfonso REYES Basilio VADILLO Genaro V. VASQUEZ Romeo ORTEGA Manuel J. SIERRA Eduardo SUAREZ For Panama
J. D. AROSEMENA Eduardo E. HOLGUIN Oscar R. MULLER Magin PONS For Bolivia
Casto ROJAS David ALVESTEGUI Arturo PINTO Escalier For Guatemala
Alfredo SKINNER Klee José GONZALEZ Campo Carlos SALAZAR Manuel ARROYO For Brazil
Afranio DE MELLO Franco Lucillo A. DA CUNHA Bueno Francisco Luis DA SILVA Campos Gilberto AMADO Carlos CHAGAS Samuel RIBEIRO For Ecuador
Augusto AGUIRRE Aparicio Humberto ALBORNOZ Antonio PARRA Carlos PUIG Vilassar Arturo SCARONE For Nicaragua
Leonardo ARGUELLO Manuel CORDERO Reyes Carlos CUADRA Pasos For Colombia
Alfonso LOPEZ Raimundo RIVAS José CAMACEO Carreno For Chile
Miguel CRUCHAGA Tocornal Octavio SENORET Silva Gustavo RIVERA José Ramon GUTIERREZ Felix NIETO DEL RIO Francisco FIGUEROA Sanchez Benjamin COHEN For Peru
Alfredo SOLE Y MURO Felipe BARREDA Laos Luis Fernan CISNEROS And for Cuba
Angel Alberto GIRAUDY Herminio PORTELL Vila Alfredo NOGUEIRA
Who, after having exhibited their Full Powers, which were found to be in good and due order, have agreed upon the following:
Text of the 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. Article 2
The federal state shall constitute a sole person in the eyes of international law.
Article 3
The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts.
The exercise of these rights has no other limitation than the exercise of the rights of other states according to international law.
Article 4
States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one does not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.
Article 5
The fundamental rights of states are not susceptible of being affected in any manner whatsoever.
Article 6
The recognition of a state merely signifies that the state which recognizes it accepts the personality of the other with all the rights and duties determined by international law. Recognition is unconditional and irrevocable.
Article 7
The recognition of a state may be express or tacit. The latter results from any act which implies the intention of recognizing the new state.
Article 8
No state has the right to intervene in the internal or external affairs of another.
Article 9
The jurisdiction of states within the limits of national territory applies to all the inhabitants.
Nationals and foreigners are under the same protection of the law and the national authorities and the foreigners may not claim rights other or more extensive than those of the nationals.
Article 10
The primary interest of states is the conservation of peace. Differences of any nature which arise between them should be settled by recognized pacific methods.
Article 11
The contracting states definitely establish as the rule of their conduct the precise obligation not to recognize territorial acquisitions or special advantages which have been obtained by force whether this consists in the employment of arms, in threatening diplomatic representations, or in any other effective coercive measure. The territory of a state is inviolable and may not be the object of military occupation nor of other measures of force imposed by another state directly or indirectly or for any motive whatever even temporarily.
Article 12
The present Convention shall not affect obligations previously entered into by the High Contracting Parties by virtue of international agreements.
Article 13
The present Convention shall be ratified by the High Contracting Parties in conformity with their respective constitutional procedures. The Minister of Foreign Affairs of the Republic of Uruguay shall transmit authentic certified copies to the governments for the aforementioned purpose of ratification. The instrument of ratification shall be deposited in the archives of the Pan American Union in Washington, which shall notify the signatory governments of said deposit. Such notification shall be considered as an exchange of ratifications.
Article 14
The present Convention will enter into force between the High Contracting Parties in the order in which they deposit their respective ratifications.
Article 15
The present Convention shall remain in force indefinitely but may be denounced by means of one year's notice given to the Pan American Union, which shall transmit it to the other signatory governments. After the expiration of this period the Convention shall cease in its effects as regards the party which denounces but shall remain in effect for the remaining High Contracting Parties.
Article 16
The present Convention shall be open for the adherence and accession of the States which are not signatories. The corresponding instruments shall be deposited in the archives of the Pan American Union which shall communicate them to the other High Contracting Parties.
IN WITNESS WHEREOF, the following Plenipotentiaries have signed this Convention in Spanish, English, Portuguese and French and hereunto affix their respective seals in the city of Montevideo, Republic of Uruguay, this 26th day of December, 1933.
Reservations
The Delegation of the United States of America, in signing the Convention on the Rights and Duties of States, does so with the express reservation presented to the Plenary Session of the Conference on December 22, 1933, which reservation reads as follows:
The Delegation of the United States, in voting "yes" on the final vote on this committee recommendation and proposal, makes the same reservation to the eleven articles of the project or proposal that the United States Delegation made to the first ten articles during the final vote in the full Commission, which reservation is in words as follows:
"The policy and attitude of the United States Government toward every important phase of international relationships in this hemisphere could scarcely be made more clear and definite than they have been made by both word and action especially since March 4. I [Secretary of State Cordell Hull, chairman of U.S. delegation] have no disposition therefore to indulge in any repetition or rehearsal of these acts and utterances and shall not do so. Every observing person must by this time thoroughly understand that under the Roosevelt Administration the United States Government is as much opposed as any other government to interference with the freedom, the sovereignty, or other internal affairs or processes of the governments of other nations.
"In addition to numerous acts and utterances in connection with the carrying out of these doctrines and policies, President Roosevelt, during recent weeks, gave out a public statement expressing his disposition to open negotiations with the Cuban Government for the purpose of dealing with the treaty which has existed since 1903. I feel safe in undertaking to say that under our support of the general principle of non-intervention as has been suggested, no government need fear any intervention on the part of the United States under the Roosevelt Administration. I think it unfortunate that during the brief period of this Conference there is apparently not time within which to prepare interpretations and definitions of these fundamental terms that are embraced in the report. Such definitions and interpretations would enable every government to proceed in a uniform way without any difference of opinion or of interpretations. I hope that at the earliest possible date such very important work will be done. In the meantime in case of differences of interpretations and also until they (the proposed doctrines and principles) can be worked out and codified for the common use of every government, I desire to say that the United States Government in all of its international associations and relationships and conduct will follow scrupulously the doctrines and policies which it has pursued since March 4 which are embodied in the different addresses of President Roosevelt since that time and in the recent peace address of myself on the 15th day of December before this Conference and in the law of nations as generally recognized and accepted".
The delegates of Brazil and Peru recorded the following private vote with regard to article 11:
"That we accept the doctrine in principle but that we do not consider it codifiable because there are some countries which have not yet signed the Anti-War Pact of Rio de Janeiro 4 of which this doctrine is a part and therefore it does not yet constitute positive international law suitable for codification".
Signatories
For Honduras
Miguel PAZ Baraona Augusto C. COELLO Luis BOGRAN For the United States of America
Alexander W. WEDDELL J. Butler WRIGHT For El Salvador
Hector David CASTRO Arturo Ramon AVILA For the Dominican Republic
Tulio M. CESTERO For Haiti
J. BARAU F. SALGADO Edmond MANGONES A. PIERRE-PAUL For Argentina
Carlos SAAVEDRA Lamas Juan F. CAFFERATA Ramon S. CASTILLO I. RUIZ Moreno L. A. PODESTA Costa D. ANTOKOLETZ For Venezuela
Luis CHURTON J. R. MONTILLA For Uruguay
A. MANE José Pedro VARELA Mateo MARQUES Castro Dardo REGULES Sofia Alvarez Vignoli DE DEMICHELI Teofilo PINEYRO Chain Luis A. DE HERRERA Martin R. ECHEGOYEN José G. ANTUNA J. C. BLANCO Pedro MANINI Rios Rodolfo MEZZERA Octavio MORATA Luis MORQUIO José SERRATO For Paraguay
Justo Pastor BENITEZ Maria F. GONZALEZ For Mexico
B. VADILLO M. J. SIERRA Eduardo SUAREZ For Panama
J. D. AROSEMENA Magin PONS Eduardo E. HOLGUIN For Guatemala
M. ARROYO For Brazil
Lucillo A. DA CUNHA Bueno Gilberto AMADO For Ecuador
A. AGUIRRE Aparicio H. ALBORNOZ Antonio PARRA V. C. PUIG V. Arturo SCARONE For Nicaragua
Leonardo ARGUELLO M. CORDERO Reyes Carlos CUADRA Pasos For Colombia
Alfonso LOPEZ Raimundo RIVAS For Chile
Miguel CRUCHAGA J. Ramon GUTIERREZ F. FIGUEROA F. NIETO DEL RIO B. COHEN For Peru
Alfredo SOLE Y MURO For Cuba
Alberto GIRAUDY Herminio PORTELL Vila Ing. NOGUEIRA
