Background
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 sometimes been recognized as an accurate statement of customary international law:
- 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.
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.
A fundamental remark must be underlined: the conditions of article 1 are limited by article 11, which forbids the use of military force to obtain sovereignty. Article 11 reflected the contemporary Stimson Doctrine, and it is now a fundamental part of international law through article 2 paragraph 4 of the Charter of the United Nations. Article 11 allows a clear distinction between sovereign and puppet states, the latter ones being excluded from international recognition of statehood.
Some have questioned whether these criteria are sufficient, as they allow less-recognized entities like the Republic of China (Taiwan) to claim full status as states. According to 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.
The conference is also notable in American history because one of the U.S. representatives was social worker and educator, Dr. Sophonisba Preston Breckinridge (1866-1948). She was the first U.S. female representative at an international conference.
Read more about this topic: Montevideo Convention
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