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What does it mean to recognize a new state?

The announcement of the President of the Government, Pedro Sánchez, that Spain will recognize Palestine as a State on the 28th fulfills a political promise, although it does not clear up some questions about the practical consequences that the mandate will have.

The coalition government of PSOE and Sumar pledged to approve it, in line with the non-legislative proposal agreed in Congress in 2014 by most political groups, including the PP.

The situation in Palestine after the October 7 attacks by Hamas on Israel and the response of this country’s army in the Gaza Strip, which has caused more than 35,000 deaths, pushed the Sánchez Government to take the definitive step in order to press for a solution to the Middle East conflict.

The step of recognizing a State is a legal act regulated by International Law. It depends exclusively on the Government’s agreement, without the need to have the support of Parliament, although it may ask for it.

It is a unilateral decision and does not depend, in the case of Spain, whether or not it has the approval of the EU, which does not have competence in the area of recognition of States.

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Of the 193 members of the United Nations, just over 140 recognize it as a State, which will be joined by Spain, Norway and Ireland on the 28th.

There are eight other EU members who have already taken the step, such as Sweden, Romania or Poland, but they have not made important partners such as Germany, France or Italy.

On April 10, 143 countries asked the UN General Assembly to endorse Palestine as a full-fledged state, but this decision must have the approval of the Security Council and the United States opposes it.

Recognizing a new State requires that there be a defined population, a delimited territory and a government that exercises authority over it. “In the case of Palestine, no assumption is now fulfilled because there are no internationally established borders,” the professor of Public International Law at the UNED, Eduardo Trillo, points out to EFE.

Similarly, Trillo points out, there is no government that has control over the entire Palestinian territory – the West Bank and the Gaza Strip -, since the first is exercised by the Palestinian National Authority (ANP) and in the second, Hamas had it until the war with Israel and is a faction that Spain does not consider an interlocutor.

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According to Trillo, it is not something that Spain has to specify, because Palestine lacks defined limits according to international law. Therefore, the UNED professor adds, more than at the legal level, recognition should be interpreted as “a political push to the peace process and a support for the right of self-determination of the Palestinian people.”

Spain can from now on formalize political relations with Palestine and sign international treaties, among other initiatives. So far, Spain has signed a memorandum of understanding of cooperation since 1994 channeling humanitarian aid to the Palestinian people and another for the establishment of political consultations since 2012.

It is a discretionary measure of the Government, according to the professor of International Relations at the European University, Beatriz Gutiérrez. Today, it is the Consulate General of Spain, located in Jerusalem, that acts as an “embassy” and channels the relationship with the ANP.

Among the questions, Gutiérrez adds, is whether Spain would take the step of recognizing Jerusalem as the Palestinian capital, something it has not done so far.

The ANP has an office in Madrid, which since 2010 has had the rank of diplomatic mission – previously it was a “delegation” – and its premises have inviolability.

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The head of the office acts as ambassador in practice and participates in the king’s receptions to the diplomatic corps. On its website, there is talk of “The Embassy of Palestine in Spain.”

The war conflict between Israel and Hamas makes it difficult to give content to the state recognition of Palestine. “Until the war is over, it is difficult to make a perspective of the practical effects. It is too early to see how it will be managed,” says the professor of the European University, who agrees that the measure adopted by Spain should be seen, above all, from “a symbolic rather than a legal point of view.”

South Sudan was the last country that Spain gave its endorsement in 2011, after almost all the citizens of this territory supported the separation of the north from the country in a referendum.

In the 21st century, Spain has recognized two other countries: Montenegro, in 2006, and East Timor, in 2002.

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International

The AP agency sues the Trump Government after being banned for writing Gulf of Mexico

The American press agency Associated Press (AP) announced this Friday that it has sued three members of the Donald Trump Administration after being banned from the Oval Office and the presidential plane Air Force One for not complying with the directive of calling the Gulf of Mexico the Gulf of America.

“The press and all people in the United States have the right to choose their own words and not to be retaliated for it by the Government. The Constitution does not allow the Government to control freedom of expression,” the media maintains.

In its style guide, AP decided to continue calling the Gulf of Mexico “by its original name”, still mentioning the new name chosen by Trump, since it is a body of water that shares a border with Mexico and Cuba.

The White House formally blocked AP’s access to the Oval Office and Air Force One on February 14. “We are very proud of this country and we want it to be the Gulf of America,” Trump said on Tuesday.

The agency’s lawsuit, of 18 pages and filed before a federal court in Washington DC, alleges that they have decided to take this step to claim their right to editorial independence and prevent the Executive from coercing journalists to use only a language approved by it.

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Trump signed the executive order to change the name to Gulf of America on January 20, the first day of his return to power. He later named February 9 as ‘ Gulf of America Day’.

The AP complaint is specifically directed against the president’s chief of staff, Susie Wiles, his number two, Taylor Budowich, and the White House spokeswoman, Karoline Leavitt.

This Thursday, more than thirty US media asked the Government to restore AP’s participation in presidential events and not to take into account “the editorial point of view” when limiting access to the White House.

Among the signatories are the television networks Fox News and Newsmax, with a conservative tinge, in addition to other large newspapers such as The New York Times, The Washington Post, CNN, The Wall Street Journal or The Atlantic.

AP highlighted when reporting on his complaint that this Friday Trump referred to that agency as “radical left-wing lunatics”: It is “a third-rate company with a first name,” he said about it, the main one in the country and founded in 1846.

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International

Buenos Aires advances legislative elections to May 18 and suspends the primaries

The Legislature of the city of Buenos Aires approved this Friday the suspension of the open, simultaneous and mandatory primary elections (PASO), a measure that, according to the deputy head of government, Clara Muzzio, “allows to save 20 billion pesos (about 18,894 million dollars)”, and advanced the legislative elections for May 18.

“The City Legislature suspended the PASO, a measure that saves $20 billion for neighbors,” Muzzio announced on Friday.

For his part, the mayor of the City, Jorge Macri, maintained that the PASO “were an expensive mechanism that only solved the problems of politicians, not of the people.”

The May 18 elections, which were originally scheduled for July, will be held through the Single Electronic Ballot system.

In that instance, the inhabitants of the city of Buenos Aires will elect their local legislators and, in October, they will have to return to the polls to define, together with the rest of the country, the composition of the chambers of Deputies and Senators.

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“The fact that the elections are in May allows each Buenos Aires to decide on their own city, without being tied to national discussions,” said the mayor.

The project was approved in the Buenos Aires legislature with 55 votes in favor, 3 against and one abstention, after an agreement between the main political forces.

The suspension of the primaries in the City of Buenos Aires occurs one day after the Argentine Parliament approved the same measure at the national level.

The original project sent by the national government sought the elimination of the primary system but finally, given the lack of support for that objective, the government chose to promote an initiative that suspends them for this year.

The primary election system was first implemented in Argentina to define the candidates for the 2011 general elections, based on a political reform approved by Parliament at the end of 2009, with the aim of democratizing political representation, transparency and electoral equity.

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According to the PASO system, to be qualified to compete in the general elections, candidates or lists of candidates must achieve at least 1.5% of the total votes in the primaries.

All parties are obliged to participate in the primaries, although they do not necessarily have to present more than one list of candidates to decide which one will lead to the general elections, an option for which the majority of the forces have opted in the last elections.

That is one of the reasons why the system has been questioned, among which are also its costs and the cumbersomeness of the organization.

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International

Trump threatens to impose tariffs on governments that apply digital fees to US companies

The President of the United States, Donald Trump, signed an executive order on Friday that threatens to impose tariffs on foreign governments that apply digital fees to US companies, including Spain, the United Kingdom and France.

The order states that “foreign governments have exercised a growing extraterritorial authority over US companies, particularly in the technology sector,” and directly cites the taxes on digital services that “several business partners” apply since 2019.

According to the text, the Trump Administration will impose tariffs on those governments that use taxes or regulations that are “discriminatory, disproportionate or designed to transfer significant funds or intellectual property from US companies to that government or its chosen domestic entities.”

Trump delegates to the US Trade Representative the possibility of “renewing investigations” on the so-called technology fees of Spain, the United Kingdom, France, Italy, Austria and Turkey, imposed in the first term of the Republican, and if so, “take all appropriate actions”, which would include the imposition of tariffs.

“US companies will no longer sustain failed foreign economies through fines and extortionational taxes,” says the White House document, which provides for a “process” for them to “report” these “disproportionate” measures to the Commercial Representative.

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He also instructs him to investigate together with the Secretaries of the Treasury and Commerce whether in the European Union or the United Kingdom the use of products or services of US companies is “required or encouraged” to “undermine freedom of expression”, political activity or, “otherwise, moderate content”.

It also suggests to the Representative, among other things, to hold “a panel” with its partners of the T-MEC (Canada and Mexico) on the tax on digital services in Canada, and identify ways to achieve a “permanent moratorium on customs duties on electronic transmissions”.

The order does not mention any specific company, but mainly affects large technology companies such as Apple, Google (subsidiary of Alphabet), Meta and Amazon, which have precisely starred in a resounded approach to President Trump since he won the elections in November.

In his first term (2017-2021), Trump ordered to investigate the digital fees to his companies abroad and threatened to apply tariffs to the six countries indicated today; taxes were imposed in the government of his successor, the Democrat Joe Biden, and subsequently suspended.

Trump signed another executive order aimed at restricting access to US technology, especially in the field of artificial intelligence, what he calls “foreign adversaries”, including Cuba, Venezuela, Iran, Russia and China.

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The executive order does not specify in detail what measures will be taken to restrict the access of these “foreign adversaries” to US technology.

Under the label of “foreign adversaries”, the order identifies China, Hong Kong, Macau, Cuba, Iran, North Korea, Russia and the “regime of Venezuelan politician Nicolás Maduro”, according to the text.

Trump justifies his decision with the argument that “economic security is national security” and maintains that the country must protect its sensitive infrastructures and technologies, from artificial intelligence to semiconductors and advances in biotechnology.

The executive order focuses especially on China, pointing out that companies linked to Beijing have used investments in the US to access key technologies and that the Chinese government is taking advantage of US technology to modernize its military apparatus.

Since his return to the White House on January 20, Trump has announced several restrictions on trade with the aim of balancing the trade balance and pressuring countries such as Mexico and Canada to make concessions on immigration and efforts against drug trafficking.

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It has imposed a 10% tariff on China, which is in addition to the rates already applied during its first term (2017-2021).

Trump’s new restrictions come after his predecessor, Joe Biden, took steps to limit exports of semiconductors and artificial intelligence technology to China, which led Beijing to respond with export controls on graphite, a key material for electric vehicle batteries.

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