Hastings International and Comparative Law Review


On February 2, 1990, South African President F.W. de Klerk unbanned the African National Congress (ANC), a political party which had been working in exile for thirty years. A week later he released jailed ANC leader Nelson Mandela. As the South African government concedes that the African National Congress has a role to play in South Africa, the United States should re-evaluate its relationship with both the apartheid government and the African National Congress. This Note examines the law of recognition which should govern United States diplomatic relations. It suggests that the United States should derecognize the South African government and afford the ANC diplomatic recognition as the legitimate representative of the people of South Africa.