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

Martin Dawidowicz argues that the 2006 Fisheries Partnership Agreement between the European Community and Morocco risked implicitly recognising Morocco’s claim to sovereignty over Western Sahara, and so undermining the Sahrawi people’s right to self-determination. He traces the territory’s decolonisation from the 1975 ICJ advisory opinion through the Green March, the Madrid Declaration and the 1976 partition.

He concludes that Morocco’s incorporation and control of the territory are a continuing denial of self-determination and a serious breach of a peremptory norm of international law. Other states therefore have a duty not to recognise the situation, and that duty covers conduct that implies recognition, such as making treaties. Dawidowicz tests three possible bases for Morocco to sign agreements covering Western Sahara: as an administering power under Chapter XI of the UN Charter, through the consent of Polisario, and under the law of occupation. He finds each one inadequate, because any use of the territory’s resources must respect the will of its people.

He concludes that by covering the waters off Western Sahara the agreement did imply recognition, and he warns that UN and EU accommodation of the status quo could lead to “creeping recognition” of Morocco’s claim.

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