Montevideo Convention and Pridnestrovie's statehood
Independence | Recognition
The Montevideo Convention on the Rights and Duties of States solidly affirms the state sovereignty of Pridnestrovskaia Moldavskaia Respublica. The convention, which was signed by Franklin D. Roosevelt as president of the United States, establishes the criteria for statehood in international law.
According to the Montevideo Convention on the Rights and Duties of States, Pridnestrovie meets the criteria for being considered a separate and independent nation under international law. It states that -
- 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.
Pridnestrovie meets all of the traditional requirements for statehood set forth by the Montevideo Convention.
Pridnestrovie is not a puppet state and independent enough to meet requirement "D".
What currency is used in Pridnestrovie? Who dictates what happens in Pridnestrovie's institutions? Does Pridnestrovie have its own Constitution or follow the laws of Moldova? The answers to all of these questions show Pridnestrovie to be a fully selfgoverning and sovereign nation. It unambigiously defines citizenship, issues its own passports to its citizens, and has a well-funcioning judiciary and law enforcement.
It has control over a defined territory which encompasses more than 4,000 square kilometers. Its permanent population of 555,000 is much greater than that of other states that have been admitted into the United Nations since 1990, including Andorra (70,000), Liechtenstein (33,000), Marshall Islands (66,000), The Federated States of Micronesia (132,000), Monaco (32,000), Nauru (13,000), Palau (18,000), and San Marino (25,000).
Pridnestrovie has its own democratically elected president and legislature. Its government commands the armed forces, and engages in discussions with foreign states. Through its government institutions, Pridnestrovie has the capacity to conduct international relations and has represented the people of the country at international negotiations under the mediation of the Organization on Security and Cooperation in Europe.
A young citizen of Pridnestrovie
But what about Moldova's claim? And what about recognition?
Pridnestrovie is a de-facto state whose territory is disputed by another state (in this case, Moldova's dubious territorial claim which has no historic or legal basis). This claim, however, does not invalidate the territory test of the Montevideo Convention. Most of the Arab world disputes the territory of Israel, yet Israel's legitimacy as a state is clearly recognized by most of the rest of the world.
Recognition, however, is also not a test of statehood. States can (and do) exist without being fully recognized by other states. Article 3 of the Montevideo Convention states that “The political existence of the state is independent of recognition by other states.”
The issue of recognition or nonrecognition is not a test of statehood. To be considered a full country under international law, it is enough for Pridnestrovie to meet the four criteria of the Montevideo Convention: permanent population, defined territory, government and being able to relate to other states.
A similar set of criteria for statehood is found in the European Community's Badinter Committee. The committee defines a state by having a territory, a population, and a political authority. The committee also found that the existence of states was a question of fact, while the recognition by other states was purely declaratory and not the determinative factor of statehood.
The Swiss government's Directorate of International Law (Switzerland's Federal Administration’s center of competence for general public international law) agrees and states that "The existence of a state is not dependent on any prior recognition. The determining factor is solely the actual and concrete presence of the concomitant characteristics of statehood, i.e. a national territory, a citizenry and a state authority."
Hello world. Well-established and now in its 17th year of independence, Pridnestrovie passes all of these requirements.
» Full text of the Montevideo Convention on the Rights and Duties of States (Yale University)
