Country Watch
ity to determine appropriate assistance to Taiwan. The TRA does not specifically claw back the Presi- dent’s authority to control arms exports—it mere- ly states that the two branches “shall determine the nature and quantity of such defense articles” that are provided. Consequently, the TRA is simply insufficient to take back authority already granted to the White House in the AECA.
The Menendez-Cornyn legislation is unlikely to pass because of a possible presidential veto. Even if it were to become law, courts would either de- cline to review the issue under the political ques- tion doctrine, or defer to the executive as a foreign policy question.
* Submitted by Aaron Lukken
Libya’s National Transitional Council Gaining International Recognition
In February 2011, after months of intense fighting in Libya between the forces of Mummar Gadd- afi and opposition forces, the conflict ended with the capture of Tripoli and the death of Gaddafi. On February 27, the anti-Gaddafi forces formed a new government known as the National Transitional Council (NTC). Since its formation, the NTC has sought official recognition from countries and in- ternational organizations.
The NTC’s struggle to be the new official represen- tative government of Libya has gained increasing support, demonstrated not only by the recognition given to it as “the legitimate representative of the Libyan people” by several countries, but also by the recognition given by international organiza- tions, such as the World Bank, the International Monetary Fund (IMF) and the United Nations. In this sense, the NTC invited the United Nations and the European Union to assist Libya in the rebuilding process. Besides the direct participa- tion of these actors, other institutions will also be closely involved in this process, such as the Word Bank and the IMF. The World Bank has expressed that, “As Libya begins its recovery from conflict,
the World Bank has been asked to lead the effort in the areas of public expenditure and financial management”.
Even before the death of Gaddafi, several coun- tries had recognized the NTC as Libya’s official government., such as Algeria, Niger, South Africa, Czech Republic, Germany, France, Spain, Italy, Malta, Poland, Russia, United Kingdom, Egypt, Gambia, Jordan, United Arab Emirates, Israel, Qatar, Maldives, Syria, Turkey, Turkish Republic of Northern Cyprus, Indonesia, People’s Republic of China, United States, Canada, Australia. Although several countries have confirmed their support for the NTC, there are still many unanswered ques- tions, such as the degree of this recognition. Some countries took a more conservative approach, rec- ognizing the NTC as the “the legitimate represen- tative of the Libyan people”. However, this doesn’t necessarily mean the recognition of the NTC as Libya’s government. The Palestinian Liberation Movement and other similar national movements, for example, received similar recognition, with- out forming sovereign states or national govern- ments.
On April 4, 2011, Italy stated that the NTC was Lib- ya’s “only legitimate interlocutor on bilateral rela- tions”. Furthermore, it affirmed that the NTC holds “governmental authority in the territory which controls”. This recognition seems to be much broader than merely “legitimate representative of Libyan people”. Other countries followed Italy’s ap- proach, such as France (which modified its state- ment, confirming the NTC as “the only holder of governmental authority in the contacts between France and Libya and its related entities”), and also the United Arab Emirates, which recognized the NTC as “a legitimate Libyan government”. The variety of positions adopted by the different states shows the close boundaries between politics and law in regards to the role of recognition in the es- tablishment of a new state or government.
* Submitted by Bruno Augustin ILSA Quarterly » volume 20 » issue 2 » December 2011 .
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