Scribd
Upload
936 views2 pages

Article 1 of The 1933 Montevideo Convention On Rights and Duties of States

The document outlines the four criteria for statehood established by the 1933 Montevideo Convention: 1) a permanent population, 2) a defined territory, 3) an effective government, and 4) the capacity to enter into relations with other states. It defines each criterion, noting that a state needs a population of both sexes sufficient to sustain itself within a specifically delineated territory over which it exerts effective control through a government able to maintain order and comply with international law.

Uploaded by

Angel Phyllis Prias
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
936 views2 pages

Article 1 of The 1933 Montevideo Convention On Rights and Duties of States

The document outlines the four criteria for statehood established by the 1933 Montevideo Convention: 1) a permanent population, 2) a defined territory, 3) an effective government, and 4) the capacity to enter into relations with other states. It defines each criterion, noting that a state needs a population of both sexes sufficient to sustain itself within a specifically delineated territory over which it exerts effective control through a government able to maintain order and comply with international law.

Uploaded by

Angel Phyllis Prias
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States

The State as a person of international law should possess the following qualifications

1. A permanent population
2. A defined territory
3. Government
4. Capacity to enter into relations with other States

Permanent population/People

Cruz

 Refers to the human beings living within its territory


 Should be of both sexes and sufficient in number to maintain and perpetuate
themselves
Malanczuk
 Constitutes the physical basis for the existence of a state
 Who belongs to ‘permanent population’ determined by internal law on nationality

Defined Territory

CRUZ
 The fixed portion of the surface of the earth in which the people of the state reside
 Necessary for jurisdictional reasons and in order to provide for the needs of the
inhabitants
 Should be big enough to be self-sufficient and small enough to be easily administered
and defended
MALANCZUK
 Essence of the state. The basis of the central notion of “territorial sovereignty”
o Territorial sovereignty involves the exclusive right to display the activities of the
state with the corollary duty to protect within the territory the rights of other
states
 Defined by geographical areas separated by borderlines from other areas and are united
under a common legal system
 Includes the airspace, the earth beneath it, and 12 miles of the territorial sea adjacent
to the coast
 What matters is that a state consistently controls a sufficiently identifiable core of
territory

[Effective Control by a] Government

CRUZ
 The agency through which the will of the state is formulated, expressed and realized
 Form of government does not matter as long as it is able to maintain order within the
realm and comply with its responsibilities under the law of nations
MALANCZUK
 Core element which combines the other two into a state for the purposes of
international law.
NOTES
o Effective control means having successful and intensive administration over the
area

SOVEREIGNTY (CRUZ)

 The power of the state to direct its own internal and external affairs without
interference or dictation from other states.
 INDEPENDENCE – The external manifestation of sovereignty
 INTERNAL SOVEREIGNTY
o Monopoly on the use of force
 NOTES:
o Authority within a bounded territorial space
o Characteristics of sovereignty:
 Permanent
 Indivisible
 Inalienable
 Absolute
o Dual Capacity of Citizen
 You can share the exercise of sovereignty
 Allowing another entity to exercise your power. (Delegation of power
from people to government officials)
 EDSA I – act of state via sovereign capacity of people.

CAPACITY TO ENTER INTO RELATIONS WITH OTHER STATES

 Finds support in literature


 Not generally accepted as necessary
 According to the American Law Institute
o An entity is not a state unless it has competence, within its own constitutional
system, to conduct international relations with other states, as well as the
political, technical, and financial capabilities to do so
 ARTICLE 3 of the Montevideo Convention
o Political existence of the State is independent of recognition by other States.xxx

You might also like