| 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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