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:
Who, after having exhibited their Full Powers, which were found
to be in good and due order, have agreed upon the following:
ARTICLE 1The 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 2The federal state shall constitute a sole person in the eyes of
international law.
ARTICLE 3The 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 4States are juridically equal, enjoy the same rights, and have
equal capacity in their exercise. The rights of each one do 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 5The fundamental rights of states are not susceptible of being
affected in any manner whatsoever.
ARTICLE 6The 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 7The 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 8No state has the right to intervene in the internal or external
affairs of another.
ARTICLE 9The 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 10The 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 11The 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 12The present Convention shall not affect obligations previously
entered into by the High Contracting Parties by virtue of
international agreements.
ARTICLE 13The 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 14The present Convention will enter into force between the High
Contracting Parties in the order in which they deposit their
respective ratifications.
ARTICLE 15The 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 16The 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.
RESERVATIONSThe 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 they accept the doctrine in
principle but that they 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".
