The Western Sahara Question and International Law : Recognition Doctrine and Self-Determination

This book analyses recent developments concerning the application of the international legal doctrines of recognition and self-determination in relation to the Western Sahara Question. It investigates the emergent shift in favour of Morocco's sovereignty claim to Western Sahara as apparent from the positions adopted by an increasing number of third States in the United Nations and the recent spate of third States establishing consulates in Western Sahara, with Morocco's encouragement. It reflects on what the functioning of the doctrines of recognition and self-determination in this situation reveals about contemporary international law in practice more generally. The work will be of interest to scholars, researchers, and postgraduate students as well as practitioners of public international law who have a particular interest in decolonisation, self-determination disputes, and/or conflicts about natural resource entitlements. It will also appeal to readers with an interest in the work of International Organisations, including the United Nations, the European Union, and the African Union, and to specialists in international relations and regional politics. Cover Half Title Title Page Copyright Page Table of Contents Preface Acknowledgements Chapter 1 Introduction Chapter 2 Self-Determination and the Western Sahara Question A. UN and ICJ Involvement up to the Creation of the SADR in 1976 (i) The General Assembly’s Early Involvement (1963–1974) (ii) The UN’s Visiting Mission and the Western Sahara Advisory Opinion (iii) Overview of the UN’s Subsequent Involvement in the Western Sahara Question B. The SADR’s Struggle for Recognition as a State Chapter 3 The Doctrine of Recognition and Morocco’s Claim to Western Sahara A. The Duty of Non-Recognition B. The Discretionary Character of Acts of Recognition C. Formalism and Implied Recognition (i) EU/Morocco Trade and Fishing Agreements and Implied Recognition D. The Consequences of the Duty of Non-Recognition (i) Persistent Illegal Situations and Territorial Claims (ii) The African Court’s Judgment in the Bernard Mornah Case Chapter 4 Recent Developments in UN Practice Concerning Western Sahara A. The Security Council’s Approach to the Western Sahara Question Since 2018 B. The General Assembly and Western Sahara in Recent Years (i) C24 and Fourth Committee Meetings Since 2020 (ii) Recent General Assembly Resolutions on Western Sahara Chapter 5 Implications of Growing Support for the Moroccan Position on Western Sahara A. Growing Support for the Moroccan Autonomy Plan: Has a Tipping Point Been Reached? B. Establishing Consulates in Western Sahara and Implied Recognition The Territorial Foundations of Consular Representation Chapter 6 Conclusion: The Future of Western Sahara and the Future of International Law Index