蒙得维的亚国家权力与义务公约.doc

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1、Montevideo Convention on the Rights and Duties of StatesSigned at Montevideo, 26 December 1933Entered into Force, 26 December 1934Article 8 reaffirmed by Protocol, 23 December 1936 Bolivia alone amongst the states represented at the Seventh International Conference of American States did not sign th

2、e Convention. The United States of America, Peru, and Brazil ratified the Convention with reservations directly attached to the document. CONVENTION ON RIGHTS AND DUTIES OF STATES The Governments represented in the Seventh International Conference of American States: Wishing to conclude a Convention

3、 on Rights and Duties of States, have appointed the following Plenipotentiaries: Honduras:Miguel PAZ BaraonaAugusto C. COELLOLuis BOGRANUnited States of America:Cordell HULLAlexander W. WEDDELLJ. Reuben CLARKJ. Butler WRIGHTSpruille BRADENMiss Sophonisba P. BRECKINRIDGEEl Salvador:Hector David CASTR

4、OArturo Ramon AVILAJ. Cipriano CASTRODominican Republic:Tulio M. CESTEROHaiti:Justin BARAUFrancis SALGADOAntoine PIERRE-PAULEdmond MANGONESArgentina:Carlos SAAVEDRA LamasJuan F. CAFFERATARamon S. CASTILLOCarlos BREBBIAIsidoro RUIZ MorenoLuis A. PODESTA CostaRaul PREBISCHDaniel ANTOKOLETZVenezuela:Ce

5、sar ZUMETALuis CHURTONJos Rafael MONTILLAUruguay:Alberto MANEJuan Jos AMEZAGAJos G. ANTUNAJuan Carlos BLANCOSenora Sofia A. V. DE DEMICHELIMartin R. ECHEGOYENLuis Alberto DE HERRERAPedro MANINI RiosMateo MARQUES CastroRodolfo MEZZERAOctavio MORATALuis MORQUIOTeofilo PINEYRO ChainDardo REGULESJos SER

6、RATOJos Pedro VARELAParaguay:Justo Pastor BENITEZGeronimo RIARTHoracio A. FERNANDEZSenorita Maria F. GONZALEZMexico:Jos Manuel PUIG CasaurancAlfonso REYESBasilio VADILLO Genaro V. VASQUEZ Romeo ORTEGA Manuel J. SIERRA Eduardo SUAREZPanama:J. D. AROSEMENA Eduardo E. HOLGUIN Oscar R. MULLER Magin PONS

7、Bolivia:Casto ROJAS David ALVESTEGUI Arturo PINTO EscalierGuatemala:Alfredo SKINNER KleeJos GONZALEZ Campo Carlos SALAZAR Manuel ARROYOBrazil:Afranio DE MELLO Franco Lucillo A. DA CUNHA Bueno Francisco Luis DA SILVA Campos Gilberto AMADO Carlos CHAGAS Samuel RIBEIROEcuador:Augusto AGUIRRE Aparicio H

8、umberto ALBORNOZ Antonio PARRA Carlos PUIG VilassarArturo SCARONENicaragua:Leonardo ARGUELLO Manuel CORDERO Reyes Carlos CUADRA PasosColombia:Alfonso LOPEZRaimundo RIVASJos CAMACEO CarrenoChile:Miguel CRUCHAGA TocornalOctavio SENORET SilvaGustavo RIVERAJos Ramon GUTIERREZFelix NIETO DEL RIOFrancisco

9、 FIGUEROA SanchezBenjamin COHENPeru:Alfredo SOLE Y MUROFelipe BARREDA LaosLuis Fernan CISNEROSCuba:Angel Alberto GIRAUDYHerminio PORTELL VilaAlfredo 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 sta

10、te 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 internationa

11、l 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 le

12、gislate 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 sam

13、e 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 a

14、ffected 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

15、 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

16、 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

17、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 th

18、is 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

19、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 t

20、heir 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 Uni

21、on 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 rati

22、fications. Article 15 The present Convention shall remain in force indefinitely but may be denounced by means of one years 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

23、 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 th

24、e 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

25、 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 follo

26、ws: 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 Comm

27、ission, 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 Ma

28、rch 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 U

29、nited 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 pol

30、icies, 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 prin

31、ciple 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 a

32、nd 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 b

33、e 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 relation

34、ships 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

35、 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-Wa

36、r 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 BaraonaAugusto C. COELLOLuis BOGRANUnited States of America:Alexander W. WEDDELLJ. Butler WRIGHTEl Salvador:Hector David CAST

37、ROArturo Ramon AVILADominican Republic:Tulio M. CESTEROHaiti:J. BARAUF. SALGADOEdmond MANGONESA. PIERRE-PAULArgentina:Carlos SAAVEDRA LamasJuan F. CAFFERATARamon S. CASTILLOI. RUIZ MorenoL. A. PODESTA CostaD. ANTOKOLETZVenezuela:Luis CHURTONJ. R. MONTILLAUruguay:A. MANEJos Pedro VARELAMateo MARQUES

38、CastroDardo REGULESSofia Alvarez Vignoli DE DEMICHELITeofilo PINEYRO ChainLuis A. DE HERRERAMartin R. ECHEGOYENJos G. ANTUNAJ. C. BLANCOPedro MANINI RiosRodolfo MEZZERAOctavio MORATALuis MORQUIOJos SERRATOParaguay:Justo Pastor BENITEZMaria F. GONZALEZMexico:B. VADILLO M. J. SIERRA Eduardo SUAREZPana

39、ma:J. D. AROSEMENA Magin PONSEduardo E. HOLGUIN Guatemala:M. ARROYOBrazil:Lucillo A. DA CUNHA Bueno Gilberto AMADO Ecuador:A. AGUIRRE Aparicio H. ALBORNOZ Antonio PARRA V.C. PUIG V.Arturo SCARONENicaragua:Leonardo ARGUELLO M. CORDERO Reyes Carlos CUADRA PasosColombia:Alfonso LOPEZRaimundo RIVASChile:Miguel CRUCHAGAJ. Ramon GUTIERREZF. FIGUEROAF. NIETO DEL RIOB. COHENPeru:(with reservation set forth)Alfredo SOLE Y MUROCuba:Alberto GIRAUDYHerminio PORTELL VilaIng. NOGUEIRA