The people of Deos Terrum declared the acceptance of the Montevideo Convention on the Rights and Duties of States, on Sunday 23 March, 2025.
While the Montevideo Convention on the Rights and Duties of States was specifically signed by American states, its principles have been widely accepted as customary international law, applying to states globally. The convention codified existing legal norms and principles that apply to all subjects of international law, not just those in the Americas.
Montevideo Convention (pdf)
The United Nations Charter, which established the International Court of Justice, serves as a global framework for state rights and duties.
Additionally, the Vienna Convention on the Law of Treaties, which entered into force in 1980, provides rules for treaties between states worldwide, codifying customary international law on state relations.
It’s important to note that actual state practices do not always strictly follow the Montevideo Convention criteria. While these criteria play an important role, fulfilling them does not automatically create a state, as additional requirements must be met.
The recognition of statehood often depends on acceptance by other states in the international community, rather than solely on meeting specific criteria outlined in any single treaty.
The Montevideo Convention on the Rights and Duties of States, signed in 1933, established several key principles that have become widely accepted in international law:
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Criteria for statehood: Article 1 defines a state as having (a) a permanent population, (b) a defined territory, (c) government, and (d) capacity to enter into relations with other states
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Declarative theory of statehood: The convention states that “the political existence of the state is independent of recognition by the other states,” emphasizing that a state exists regardless of recognition by others
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Sovereign equality: States are considered juridically equal, enjoying the same rights and having equal capacity to exercise them, regardless of their power
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Non-intervention: The convention prohibits states from intervening in the internal or external affairs of other states
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Peaceful settlement of disputes: States are obligated to settle their differences through recognized pacific methods
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Prohibition of force: The convention establishes a rule against recognizing territorial acquisitions or advantages obtained by force, including military occupation or diplomatic coercion
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Inviolability of territory: A state’s territory is considered inviolable and cannot be the object of military occupation or other forceful measures imposed by another state
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Equal protection under law: Nationals and foreigners within a state’s territory are to be under the same protection of the law and national authorities.
These principles have significantly influenced international law and relations, extending beyond the American states that originally signed the convention.