Global Journal of Human Social Science, F: Political Science, Volume 22 Issue 5

recognition of the NTC as a “legitimate and credible interlocutor,” “legitimate political interlocutor,” or “valid interlocutor” for the Libyan people. These terms apparently signified that the NTC was an “official negotiating counterparty,” a “relevant partner for dialogue,” a “discussion partner,” or a “credible voice for the Libyan people” (Talmon, 2011, Neff 2005, Schoiswohl 2004, Shaw 2003, Verma, 2014). Unlike recognition as the representative of a people or as a government, such recognition is without significance in international law. This becomes clear from the fact that several States, whose policy is to recognize only States, not governments (such as Australia, Canada, Germany, Netherlands, and United Kingdom), had no problem with granting such “recognition.” The main purpose of this action seems to have been to express various degrees of political support. While in March 2011 the NTC was initially recognized only as “a” political interlocutor among others, or simply as interlocutors, this denomination was later changed to “the” political interlocutor. The change from indefinite to definite article was interpreted by the United States in June as a signal that its support for the NTC was “deepening”. However, any such recognition was still limited “to this interim period” (Talmon, 2011). States that recognize the NTC as the legitimate interlocutor for the Libyan people have sent “special representatives,” “diplomatic representatives,” “diplomatic envoys,” or “special ambassadors” to, and established permanent liaison offices in, Benghazi. While these representatives may have a diplomatic function, they do not have formal diplomatic status (which would require the NTC’s recognition as the government of Libya). Thus, the French Foreign Minister told reporters at a conference in London on March 29 that the French diplomat sent to the NTC was “not an ambassador because we have not formally recognised a state through the Transitional National Council”. States have also invited the NTC to open a “representative office” in their capital. Such offices are, however, not diplomatic missions and, for that reason, do not enjoy diplomatic status as of right. States are, however, free to grant NTC’s representatives working in their territory certain diplomatic privileges and immunities. In most countries, the grant of diplomatic privileges and immunities to non- diplomats requires special legislation. This may explain why the United Kingdom and others have so far granted the NTC only certain “administrative concessions” on minor issues such as access to parking spaces. Unless States recognize the NTC as the government of Libya, they cannot allow the representative of the NTC to set up office in the existing Libyan embassy without violating their obligations towards Libya under the Vienna Convention on Diplomatic Relations. Indeed, several of the States recognizing the NTC as the legitimate interlocutor for the Libyan people continue to recognize the Qaddafi government as the government of Libya and host its diplomatic agents (Talmon, 2011).The Sahrawi Arab Democratic Republic (SADR) was proclaimed by the Polisario Front on February 27, 1976, in Bir Lehlu, Western Sahara. SADR claims sovereignty over the entire territory of Western Sahara, a former Spanish colony; however, at present the SADR government controls only about 20-25% of the territory it claims. It calls the territories under its control the Liberated Territories. As of 2012, the Sahrawi Arab Democratic Republic has been recognized by 85 states. Out of these, 32 have since "frozen" or "withdrawn" recognition. Notably, 84 out of 193 (43.5%) United Nations (UN) member states, 38 out of 53 (72%) African Union (AU) member states, 18 out of 57 (32%) Organization of Islamic Cooperation (OIC) member states, and 5 out of 22 (23%) Arab League (AL) member states have recognised SADR. Several states that do not recognize the Sahrawi Republic nonetheless recognize the Polisario Front as the legitimate representative of the population of the Western Sahara, but not as the government-in-exile for a sovereign state (Coquia and Defensor-Santiago, 2005). The republic has been a full member of the African Union (AU), formerly the Organization of African Unity (OAU), since 1984. Morocco withdrew from the OAU in protest and remains the only African country not within the AU since South Africa’s admittance in 1994. The SADR also participates as guest on meetings of the Non-Aligned Movement or the New Asian-African Strategic Partnership, over Moroccan objections to SADR participation. On the other hand, Moroccan "territorial integrity" is favored by the Arab League. Thus, the SADR is not a member of the Arab League, nor of the Arab Maghreb Union, both of which include Morocco as a full member. Besides Mexico, Algeria, Iran, Venezuela, Vietnam, Nigeria and South Africa, India was the major middle power to have ever recognized SADR, having allowed the Sahrawi Arab Democratic Republic to open embassy in New Delhi in 1985. However, India "withdrew" its recognition in 2000 (Coquia and Defensor-Santiago, 2005). Although it has no recognition from the United Nations, the republic has been a full member of the African Union (AU, formerly the Organization of African Unity, OAU) since 1984. Morocco withdrew from the OAU in protest and remains the only African nation not within the AU since South Africa's admittance in 1994. The SADR also participated in a conference of the Permanent Conference of Political Parties of the Latin American and the Caribbean, 2006, the SADR ambassador to Nicaragua participated in the opening conference of the Central American Parliament, 2010, and SADR delegation participated in meeting of COPPPAL and ICAPP in Mexico City, 2012. On July 9, 2011, South Sudan became the world’s newest state. Since the time of British colonialism, spanning from the late 19th century to the mid 20th century, the various ethnic groups that populated the country of Sudan enjoyed vastly unequal access to political power and © 2022 Global Journals Volume XXII Issue V Version I 45 ( ) Global Journal of Human Social Science - Year 2022 F International Law and the Politics of Diplomatic Recognition of States and Government: Crtical Discuss