ICJ Reports 1975, p. 12
Advisory Opinion «Western Sahara»
The Court finds no tie of territorial sovereignty between Western Sahara and Morocco or Mauritania. The decisive factor is the right of the population to self-determination.
Documents
The legal foundations of the Western Sahara question under international law: United Nations resolutions and opinions and judgments of international courts.
International Court of Justice(1)
CJEU / General Court(7)
- C-779/21 P, C-799/21 P
CJEU (Grand Chamber), Commission and Council v Front Polisario (trade)
The appeals are dismissed; the annulment of the trade agreement for Western Sahara stands (effects maintained for 12 months). Front Polisario is recognised as representative of the people. Consultations of the local population do not replace consent.
- C-778/21 P, C-798/21 P
CJEU (Grand Chamber), Commission and Council v Front Polisario (fisheries)
Same reasoning for the fisheries agreement, without maintaining its effects.
- C-399/22
CJEU (Grand Chamber), Confédération paysanne
Products from Western Sahara must indicate «Western Sahara» as their origin, not «Morocco».
- T-279/19, T-344/19, T-356/19
General Court, Front Polisario v Council
Council Decisions 2019/217 (trade) and 2019/441 (fisheries) are annulled because the consent of the Sahrawi people is lacking.
- C-266/16
CJEU (Grand Chamber), Western Sahara Campaign UK
The EU–Morocco Fisheries Agreement is invalid insofar as it covers the waters adjacent to Western Sahara.
- C-104/16 P
CJEU (Grand Chamber), Council v Front Polisario
The EU–Morocco Association and Liberalisation Agreements do not apply to Western Sahara, which has a separate and distinct status.
- T-512/12
General Court, Front Polisario v Council
First recognition of the standing of the Frente POLISARIO. The Council decision on the agreement with Morocco is partially annulled.
UN Security Council(7)
- S/RES/1754 (2007)
Resolution 1754 (2007)
Calls for negotiations without preconditions.
- S/RES/1495 (2003)
Resolution 1495 (2003)
Supports the Baker Plan (Peace Plan for Self-Determination of the People of Western Sahara).
- S/RES/690 (1991)
Resolution 690 (1991)
Establishes MINURSO to prepare a referendum on self-determination.
- S/RES/658 (1990)
Resolution 658 (1990)
Approves the UN–OAU Settlement Plan.
- S/RES/380 (1975)
Resolution 380 (1975)
Deplores the «Green March» and calls on Morocco to withdraw.
- S/RES/379 (1975)
Resolution 379 (1975)
Call to refrain from any unilateral action.
- S/RES/377 (1975)
Resolution 377 (1975)
The Secretary-General is requested to enter into consultations with the parties concerned.
UN General Assembly(11)
- A/RES/35/19
Resolution 35/19
Calls for direct negotiations between Morocco and the Frente POLISARIO.
- A/RES/34/37
Resolution 34/37
Recognises the Frente POLISARIO as representative of the people of Western Sahara and demands an end to the occupation.
- A/RES/3458 A/B (XXX)
Resolution 3458 (XXX)
Part A reaffirms self-determination; Part B takes note of the Madrid Accords.
- A/RES/3292 (XXIX)
Resolution 3292 (XXIX)
Requests an advisory opinion from the ICJ on Western Sahara.
- A/RES/2625 (XXV)
Resolution 2625 (XXV)
Declaration on Friendly Relations among States (principle of self-determination).
- A/RES/2354, 2428, 2591, 2711, 2983, 3162
Resolutions 1967–1973
Repeated reaffirmation of the right to self-determination and the referendum.
- A/RES/2229 (XXI)
Resolution 2229 (XXI)
Reaffirms the right to self-determination and calls for a UN-supervised referendum.
- A/RES/2072 (XX)
Resolution 2072 (XX)
Calls on Spain to decolonise Ifni and Spanish Sahara.
- A/RES/1956 (XVIII)
Resolution 1956 (XVIII)
Spanish Sahara is on the list of non-self-governing territories.
- A/RES/1541 (XV)
Resolution 1541 (XV)
Principles for determining non-self-governing territories.
- A/RES/1514 (XV)
Resolution 1514 (XV)
Declaration on the Granting of Independence to Colonial Countries and Peoples.
Other(1)
- UN Doc. S/2002/161
Corell Legal Opinion
The UN Legal Counsel considers the exploitation of Western Sahara's resources in disregard of the interests and wishes of its people to be contrary to international law.