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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:
Honduras:
Miguel
PAZ Baraona
Augusto C.
COELLO
Luis BOGRAN
United
States of America:
Cordell HULL
Alexander W.
WEDDELL
J. Reuben CLARK
J.
Butler WRIGHT
Spruille
BRADEN
Miss Sophonisba P.
BRECKINRIDGE
El Salvador:
Hector David
CASTRO
Arturo Ramon AVILA
J.
Cipriano CASTRO
Dominican Republic:
Tulio
M. CESTERO
Haiti:
Justin
BARAU
Francis SALGADO
Antoine
PIERRE-PAUL
Edmond
MANGONES
Argentina:
Carlos
SAAVEDRA Lamas
Juan F.
CAFFERATA
Ramon S.
CASTILLO
Carlos
BREBBIA
Isidoro RUIZ
Moreno
Luis A. PODESTA Costa
Raul
PREBISCH
Daniel
ANTOKOLETZ
Venezuela:
Cesar
ZUMETA
Luis CHURTON
José
Rafael MONTILLA
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
Paraguay:
Justo Pastor
BENITEZ
Geronimo RIART
Horacio
A. FERNANDEZ
Senorita Maria F.
GONZALEZ
Mexico:
José Manuel
PUIG Casauranc
Alfonso
REYES
Basilio VADILLO
Genaro
V. VASQUEZ
Romeo ORTEGA
Manuel J. SIERRA
Eduardo
SUAREZ
Panama:
J. D. AROSEMENA
Eduardo E. HOLGUIN
Oscar R.
MULLER
Magin
PONS
Bolivia:
Casto ROJAS
David ALVESTEGUI
Arturo
PINTO Escalier
Guatemala:
Alfredo
SKINNER Klee
José GONZALEZ Campo
Carlos SALAZAR
Manuel
ARROYO
Brazil:
Afranio DE
MELLO Franco
Lucillo A. DA
CUNHA Bueno
Francisco Luis DA
SILVA Campos
Gilberto AMADO
Carlos CHAGAS
Samuel
RIBEIRO
Ecuador:
Augusto
AGUIRRE Aparicio
Humberto ALBORNOZ
Antonio PARRA
Carlos
PUIG Vilassar
Arturo
SCARONE
Nicaragua:
Leonardo
ARGUELLO
Manuel CORDERO Reyes
Carlos CUADRA Pasos
Colombia:
Alfonso
LOPEZ
Raimundo RIVAS
José
CAMACEO Carreno
Chile:
Miguel
CRUCHAGA Tocornal
Octavio SENORET
Silva
Gustavo RIVERA
José Ramon
GUTIERREZ
Felix NIETO
DEL RIO
Francisco
FIGUEROA Sanchez
Benjamin
COHEN
Peru:
Alfredo SOLE
Y MURO
Felipe
BARREDA Laos
Luis Fernan
CISNEROS
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:
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 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
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 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".
Honduras:
Miguel
PAZ Baraona
Augusto C.
COELLO
Luis
BOGRAN
United States of
America:
Alexander W. WEDDELL
J. Butler
WRIGHT
El Salvador:
Hector David
CASTRO
Arturo Ramon
AVILA
Dominican Republic:
Tulio M.
CESTERO
Haiti:
J.
BARAU
F. SALGADO
Edmond
MANGONES
A.
PIERRE-PAUL
Argentina:
Carlos
SAAVEDRA Lamas
Juan F.
CAFFERATA
Ramon S.
CASTILLO
I. RUIZ Moreno
L.
A. PODESTA Costa
D.
ANTOKOLETZ
Venezuela:
Luis
CHURTON
J. R.
MONTILLA
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
Paraguay:
Justo Pastor
BENITEZ
Maria F.
GONZALEZ
Mexico:
B. VADILLO
M. J. SIERRA
Eduardo
SUAREZ
Panama:
J. D. AROSEMENA
Magin PONS
Eduardo E.
HOLGUIN
Guatemala:
M.
ARROYO
Brazil:
Lucillo A.
DA CUNHA Bueno
Gilberto
AMADO
Ecuador:
A.
AGUIRRE Aparicio
H. ALBORNOZ
Antonio PARRA V.
C.
PUIG V.
Arturo
SCARONE
Nicaragua:
Leonardo
ARGUELLO
M. CORDERO Reyes
Carlos CUADRA
Pasos
Colombia:
Alfonso
LOPEZ
Raimundo
RIVAS
Chile:
Miguel
CRUCHAGA
J. Ramon
GUTIERREZ
F. FIGUEROA
F.
NIETO DEL RIO
B.
COHEN
Peru:
(with reservation set
forth)
Alfredo SOLE Y
MURO
Cuba:
Alberto
GIRAUDY
Herminio PORTELL
Vila
Ing.
NOGUEIRA
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