Estrada Doctrine in International Law

πŸ“˜ Estrada Doctrine 

πŸ”Ή 1. Definition

The Estrada Doctrine is a principle of non-intervention and non-judgment in international law. It holds that no state should judge the legitimacy or illegitimacy of another state's government, especially when a regime changes through revolution, coup, or other non-constitutional means.

Instead of recognizing or de-recognizing a government, a state should simply continue or suspend diplomatic relations without expressing approval or disapproval.

πŸ”Ή 2. Origin

Named after: Genaro Estrada, Foreign Minister of Mexico

Proclaimed on: September 27, 1930

Context: Response to the practice of the United States and other countries of granting or withholding formal recognition to new governments based on how they came to power.

πŸ”Ή 3. Key Principles

PrincipleExplanation
Non-interventionStates should not interfere in the internal affairs of others.
SovereigntyEvery state has the sovereign right to determine its own government.
Non-recognition policyRefusal to issue formal recognition or non-recognition of new governments, as it implies judgment.
Diplomatic continuityMexico would maintain or break diplomatic ties based on interests, not ideology or regime change.

πŸ”Ή 4. Purpose

To uphold state sovereignty and equality in the international community.

To avoid endorsing or condemning governments based on political ideology or the means by which they came to power.

To maintain a neutral and consistent foreign policy.

πŸ”Ή 5. Application and Impact

Adopted by Mexico as official policy throughout much of the 20th century.

Used to maintain neutrality during political crises and revolutions in Latin America.

The doctrine was widely respected in Latin America, especially in contrast to U.S. interventionist policies like the Roosevelt or Truman doctrines.

It promoted peaceful coexistence and respect for internal sovereignty.

πŸ”Ή 6. Comparison: Estrada Doctrine vs Tobar Doctrine

FeatureEstrada DoctrineTobar Doctrine
Recognition PolicyNo recognition or de-recognition of governmentsRecognition only for governments formed constitutionally
Judgment of LegitimacyAvoids judging legitimacyJudges legitimacy based on method of assumption of power
OriginMexico (1930)Ecuador (1907), promoted by Carlos Tobar

πŸ”Ή 7. Criticism

Some argue it allows undemocratic or oppressive regimes to stay unchallenged.

Seen by some as a form of passive diplomacy.

Critics suggest it can weaken international support for democratic governance.

πŸ”Ή 8. Modern Relevance

While not universally adopted, the Estrada Doctrine continues to influence diplomatic approaches that prioritize non-intervention and sovereign equality.

It’s seen as a response to power politics and interventionism, particularly in the Global South.

βœ… Summary

AspectDescription
What is it?Policy of non-recognition and non-judgment of governments
OriginMexico, 1930 (by Genaro Estrada)
PrincipleSovereignty, non-intervention, diplomatic neutrality
Applied byMainly Mexico; admired in Latin America
Contrast withTobar Doctrine (which judged governments' legitimacy)

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