The Western Sahara dispute remains prominent today on the agenda of international politics. From a legal perspective, the discussion has focused on Morocco’s alleged violations of public international law, in particular the infringement of the UN Charter. However, the Fisheries Partnership Agreement (FPA) between the EU and Morocco adds an EU dimension to the conflict because it entitles EU fishermen to fish in the waters falling within the sovereignty or jurisdiction of the Kingdom of Morocco including the Western Sahara. In light of the current debate over the renewal of the FPA, this Article explores the possibility of seeking legal review of the FPA before the ECJ on the basis of public international law violations. The analysis highlights the ECJ approach towards public international law and to what extent the Court incorporates rules of public international law in its legal review.
The Western Sahara Dispute: A Case for the European Court of Justice?, 18
Columbia Journal of European Law 415-440 (2012)
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