国际公法学美洲国家权利义务公约.docxVIP

蒙特维多国家权利义务公约（1933） Montevideo Convention on the Rights and Duties of States 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 does 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 nation