The European Court of Justice confirmed what already said in September by the advocate general. EU-Morocco trade deals not applicable beyond Morocco
by Emanuele Bonini
Western Sahara is not part of Morocco. Once again the European Court of justice (ECJ) affirmed this principle, by issuing a judgement on the EU-Morocco trade deals. Basically the ECJ made clear that the EU-Morocco trade agreements are not applicable to Western Sahara, as it is not part of Moroccan territory. Similarly, the Liberalisation Agreement «must be interpreted [...] as meaning that it does not apply to the territory of Western Sahara», read the judgement. Politically this is a strong message to the Moroccan kingdom, which has been claiming its sovereignty since the end of the Spanish colonial era.
This judgement doesn't mean any official recognition of Western Sahara a state or sovereign entity by the EU side. On the contrary, the European Court of justice ruled out such a possibility. The EU body based in Luxembourg simply recalled what is the situation of Western Sahara: despite the Sahrawi people self-proclaimed the territory as an independent State under the name of Sahrawi Arab Democratic Republic (SADR) in the 70's, Western Sahara is still on the list of non-self-governing territories in accordance with the UN Charter, and was clarified that it isn't possible draw the consequences of the status of Western Sahara under international law as regards the inapplicability of the Association Agreement to that territory.
Under the economic point of view, the judgement recognised the Saharawi people the right to their territory and their natural resources. When it comes to trade in agricultural products and fisheries, natural resources should not be exploited by the occupying power Morocco with the support of European companies. This is the principle, and now the real challenge will be to bring this ruling into practice. At political level, the judgement conferred a victory to both sides. On one hand Western Sahara is not recognised as part of Morocco, and this is a good new for the Polisario Front, the Sahrawi national liberation movement aiming to end Moroccan presence in the Western Sahara. On the other hand the EU keeps to don't recognise the SADR as an independent State. So, once again the question of Western Sahara will be maintained frozen.
Related articles:
- Western Sahara, a (deliberately) frozen question
- «Western Sahara is not part of Morocco»
- FACT SHEET/ The Western Sahara issue
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Western Sahara is not part of Morocco. Once again the European Court of justice (ECJ) affirmed this principle, by issuing a judgement on the EU-Morocco trade deals. Basically the ECJ made clear that the EU-Morocco trade agreements are not applicable to Western Sahara, as it is not part of Moroccan territory. Similarly, the Liberalisation Agreement «must be interpreted [...] as meaning that it does not apply to the territory of Western Sahara», read the judgement. Politically this is a strong message to the Moroccan kingdom, which has been claiming its sovereignty since the end of the Spanish colonial era.
This judgement doesn't mean any official recognition of Western Sahara a state or sovereign entity by the EU side. On the contrary, the European Court of justice ruled out such a possibility. The EU body based in Luxembourg simply recalled what is the situation of Western Sahara: despite the Sahrawi people self-proclaimed the territory as an independent State under the name of Sahrawi Arab Democratic Republic (SADR) in the 70's, Western Sahara is still on the list of non-self-governing territories in accordance with the UN Charter, and was clarified that it isn't possible draw the consequences of the status of Western Sahara under international law as regards the inapplicability of the Association Agreement to that territory.
Under the economic point of view, the judgement recognised the Saharawi people the right to their territory and their natural resources. When it comes to trade in agricultural products and fisheries, natural resources should not be exploited by the occupying power Morocco with the support of European companies. This is the principle, and now the real challenge will be to bring this ruling into practice. At political level, the judgement conferred a victory to both sides. On one hand Western Sahara is not recognised as part of Morocco, and this is a good new for the Polisario Front, the Sahrawi national liberation movement aiming to end Moroccan presence in the Western Sahara. On the other hand the EU keeps to don't recognise the SADR as an independent State. So, once again the question of Western Sahara will be maintained frozen.
Related articles:
- Western Sahara, a (deliberately) frozen question
- «Western Sahara is not part of Morocco»
- FACT SHEET/ The Western Sahara issue
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