Territory & Identity in international law: the Struggle for Self-Determination in Western Sahara

Western Sahara: Identity, Territoriality, and the Fight for Self-Determination

Western Sahara’s struggle for self-determination is deeply tied to territorial identity, colonial-era boundaries, and the challenges of recognizing nomadic populations in modern legal frameworks.

Historically, self-determination gained prominence through postcolonial movements, but territorial borders—often imposed by colonial powers—do not always reflect local identities.

The principle of uti possidetis reinforced colonial boundaries, legitimizing artificial borders while sidelining traditional tribal affiliations. When the International Court of Justice ruled that Western Sahara was not terra nullius, it acknowledged the region’s political organization but did not resolve territorial disputes involving Morocco and Mauritania.

Today, the conflict remains unresolved, with voter eligibility disputes delaying a referendum. Future solutions must balance territorial claims with the fluid identities of Western Sahara’s people to achieve a sustainable resolution.

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