In the past couple of years, the United States took two major actions to recognize a state’s de jure sovereignty over a contested territory. In March 2019, the United States recognized Israeli sovereignty over the Golan Heights, which it had seized from Syria in 1967 and annexed in 1981. Then in December 2020, the U.S. recognized Morocco’s sovereignty over Western Sahara, which was first occupied in 1975. These recognitions involved somewhat different legal and factual circumstances, but all of them resolved longstanding disputes in favor of a longstanding de facto governing power.
While adopted under the Trump Administration, these recognitions remain unchanged one year into the Biden Administration and appear unlikely to be repudiated in the near future. They now constitute part of the official policy of the United States.
To discuss this further, the International Law Journal partnered with the Center for the Middle East and International Law, directed by Professor Eugene Kontorovich, to explore what this means for U.S. foreign affairs law and and international law in their December 16 symposium on state recognition. The symposium explored if this policy demonstrates the importance of de facto and realist concerns over formal ones in U.S. sovereignty determinations as well as other questions and concerns on these recognition policies.
If you are interested and missed the live event, please find the recording below.