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Council of the European Union v. Front Polisario

Court of Justice of the European Union General Court.  10 December 2015 ; 21 December 2016 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Self-determination — Non-self-governing territories — Western Sahara — Moroccan claim to sovereignty — International non-recognition — National liberation movements — Front Polisario — Extent of recognition by United Nations — Principle of permanent sovereignty over natural resources — Agreement between European Union and Morocco — Decision of the Council of the European Union — Whether Council obliged to consult Front Polisario before adopting decision — Whether Council obliged to ensure the implementation of agreement not infringing fundamental rights of population of Western Sahara — Human rights under European Union law — Whether applicable to Western Sahara — Whether Front Polisario possessing legal personality

International organizations — European Union — Rights and obligations under international law — Agreement between European Union and Morocco — Whether European Union obliges to respect general international law regarding Western Sahara — Scope of European Union human rights law — Whether agreement between European Union and Morocco extending to Western Sahara — Standing of Front Polisario to challenge decision of Council of the European Union regarding Agreement

States — Sovereignty — Extent of sovereignty — Morocco — Western Sahara — International recognition of Western Sahara as a non-self-governing territory — Whether agreement between Morocco and European Union applicable to Western Sahara

Territory — Non-self-governing territory — Western Sahara — Claims by Morocco — International recognition — Status of Western Sahara before United Nations

Treaties — Application — Scope — Principle that treaty not applicable to third parties — Agreement between European Union and Morocco — Whether applicable to Western Sahara — Whether Western Sahara a third party — The law of the European Union

Type
Case Report
Copyright
© Cambridge University Press 2018

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