The European Union Approach Towards Western Sahara

The most recent Financial Agreements between EU and Morocco aim at introducing liberalisation measures on agricultural products and fishery, but do not exclude the occupied territory of Western Sahara from their field of application, which raises many issues under International and European Union Law.

In the framework of the so-called Barcelona process, the European Union concluded several bilateral agreements with Morocco aimed to deepen their economic integration. The 2000 Association agreement European UnionMorocco is the general legal framework for the development of relationships among the two parties. In this context, the recent Agreement on reciprocal liberalisation measures on agricultural products and fishery products, entered in force in 2012, and the Fisheries Partnership Agreement, issued in 2013, were established. They reiterate and update former agreements. No one of them expressly excludes the territory of Western Sahara from the scope of application, in contrast with other similar agreements negotiated with other countries, such as the Free trade pact between Morocco and the United States of America. The non-exclusion of the territory of Western Sahara raises several concerns on the compliance of these agreements with International Law, not only in relation to the principle of self-determination of peoples but also with the principle of sovereignty of natural resources, the prohibition of exploitation of resources of a territory under occupation, the obligation to not recognise situations arisen in an illegal way, the prohibition to negotiate agreement with an occupying country once the process of decolonisation has begun.

Autorentext

Marco Balboni is Professor of International and European Law at the University of Bologna. As an expert in non-discrimination and refugee law, he sits in the Territorial Commission for the Recognition of the International Protection for Refugees. His fields of expertise include self-determination, especially in relation to the Western Sahara case and the Sahrawi refugees. Giuliana Laschi is professor of History of European Integration (Jean Monnet Chair ad personam) and Contemporary History at the University of Bologna. She presides the Scientific Committee of Jean Monnet Centre of Excellence Punto Europa Forlì and is Vice-President of AUSE (University Association of European Studies). Her last books include The European Community and the World (ed., 2014), L Europa e gli altri (2015).

Inhalt

Marco Balboni & Giuliana Laschi : Introduction - Francesco Correale : Les origines de la « question du Sahara Occidental » : enjeux historiques, défis politiques - Carlos Ruiz Miguel: The Principle, the Right of Self-determination and the People of Western Sahara - Erik Hagen: Fish before Peace. The EU's Controversial Fisheries in Occupied Western Sahara - Hans Corell: The Principle of Sovereignty of Natural Resources and its Consequences - Ricardo Passos: Legal Aspects of the European Union's Approach towards Western Sahara - Enrico Milano: The 2013 Fisheries Protocol between the EU and Morocco: Fishing 'too South' Continues... - Carmelo Danisi: Appendix.