‘US Western Sahara Recognition is Legal, Political Act of State’Rabat – Last week’s US recognition of Moroccan sovereignty over Western Sahara has the legal and political weight of an act of state. The president of the Peruvian Institute of Law and International Relations, Miguel Angel Rodriguez Mackay, concluded that US recognition regarding Western Sahara will be US state policy in the future.
Rodriguez Mackay on Wednesday wrote in Peruvian outlet Diario Correo that international law considers the decision by US President Donald Trump a decision of US state policy. According to the international law expert, the US constitution grants Trump the power as the head of state to proclaim such matters.
The consequence of the decision is that the new recognition of Western Sahara’s status would “transcend” which administration is in power in the future. Decisions relating state policy are the domain of the president and constitute an expression of American state policy, Rodriguez Mackay analyzed.
Many commentators have expressed doubts over the weight of Donald Trump’s decision in the dying days of his presidency. Amid what Americans call a “lame duck session,” some saw the noteworthy decision as illegitimate. For Rodriguez Mackay the case appears to be much more clear: Up to the last minute of Trump’s term, his decisions constitute legal and political acts of state according to international law.
Legal and binding
Rodriguez Mackay considered the recognition of Moroccan sovereignty over Western Sahara to be an “accolade to Morocco and its King, Mohammed VI.” The Peruvian law expert stated that the King, “due to his skill and persistence, has made the most powerful country in the world recognize Western Sahara as part of the Moroccan sovereignty.”