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The Montevideo Convention on the Rights and Duties of States is a treaty signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. The Convention codifies the declarative theory of statehood as accepted as part of customary international law. At the conference, United States President Franklin D. Roosevelt and Secretary of State Cordell Hull declared the ''Good Neighbor Policy'', which opposed U.S. armed intervention in inter-American affairs. The convention was signed by 19 states. The acceptance of three of the signatories was subject to minor reservations. Those states were Brazil, Peru and the United States.〔 The convention became operative on December 26, 1934. It was registered in ''League of Nations Treaty Series'' on January 8, 1936.〔''League of Nations Treaty Series'', vol. 165, pp. 20-43.〕 ==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 been recognized by international organizations 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 basic point should be emphasized: Article 1 is qualified by Article 11 because it prohibits using military force to gain recognition of sovereignty. Furthermore, Article 11 reflects the contemporary Stimson Doctrine, and is now a fundamental part of international law through article 2 paragraph 4 of the Charter of the United Nations. 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.〔(''From colony to superpower: U.S. foreign relations since 1776'' ), by George C. Herring, Oxford University Press, 2008, p. 499. Online at Google Books. Retrieved 2011-09-20.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Montevideo Convention」の詳細全文を読む スポンサード リンク
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