Trading fish or human rights in Western Sahara? Self-determination, non-recognition and the EC–Morocco Fisheries Agreement

Trading fish or human rights in Western Sahara? Self-determination, non-recognition and the EC–Morocco Fisheries Agreement

The chapter examines the conflict over Western Sahara through the framework of international law, focusing on the right of the Sahrawi people to self-determination and the obligation of non-recognition of unlawful territorial claims. Despite the 1975 International Court of Justice ruling affirming this right, Morocco continues to assert sovereignty over the territory, while the international community has failed to enforce the relevant legal principles effectively.

It focuses on the European Community–Morocco Fisheries Agreement, which controversially includes waters off Western Sahara. Such agreements risk implicitly recognising Morocco’s claims, thereby undermining the legal prohibition on recognising territorial acquisitions made in violation of the right to self-determination. The analysis highlights how political and economic interests, reflected in agreements like the Fisheries Partnership, threaten to erode established principles of international law and reinforce Morocco’s control, despite Western Sahara’s recognised status as a non-self-governing territory.

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