New decision of the General Court of the European Union: Civil Aviation Agreement between the EU and Morocco does not apply to Western Sahara
After the land and the sea, the airspace: by an order of 30 November 2018, the Court of the European Union, which had been seized by the Frente POLISARIO, considers that the agreement on civil aviation concluded in January 2018, between the European Union and Morocco, is without application to the territory of Western Sahara and its airspace. For the European Judge, it is necessary to understand the notion of the territory of Morocco as “referring to the geographical area over which the Kingdom of Morocco exercises the full range of powers recognized to sovereign entities by international law, to the exclusion of any other territory such as that of Western Sahara “. The Tribunal adds that the inclusion of the territory of Western Sahara would infringe “the principle of self-determination referred to in Article 1 of the United Nations Charter and the principle of the relative effect of treaties”. Likewise, the Tribunal stresses with great precision: “the European Union can not validly share an intention of the Kingdom of Morocco to include the territory in question in the chamber of application of the Agreement”.
The Frente POLISARIO is pleased to have initiated this appeal which, after the judgments of 2016 and 2018, makes it possible to release a complete building of sovereignty: the land, the sea and the airspace. While European political power is straying into circumvention of the law, the European court, for the third time, explicitly rules on the question of sovereignty. Read more
In a statement issued today by the European Court of Justice on the Judgment in Case C-266/16, it is stated that the European Court of Justice reaffirms that Western Sahara and adjacent waters are not part of the Moroccan Territory meaning that the EU-Morocco Fisheries Agreement is only applicable to the legitimate territory of Morocco and NOT THE TERRITORY OF WESTERN SAHARA AND ITS ADJACENT WATERS.
The EU / Morocco Fisheries Agreement is valid since it refers only to the Moroccan territory, any act of fishing that is outside this territory and is located in Western Sahara and its waters is therefore ILLEGAL.
In the statement can be read:
“In that regard, the Court notes, first of all, that the Fisheries Agreement is applicable to the “territory of Morocco”, an expression equivalent to the concept of “territory of the Kingdom of Morocco” in the Association Agreement. As the Court has previously held in its judgment of 21 December 2016, that concept itself refers to the geographical area over which the Kingdom of Morocco exercises its sovereign powers under international law, to the exclusion of any other territory, such as that of Western Sahara. In those circumstances, if the territory of Western Sahara were to be included within the scope of the Fisheries Agreement, that would be contrary to certain rules of general international law that are applicable in relations between the EU and Kingdom of Morocco, inter alia the principle of self-determination.” Read more
- The decision affirms that Europe breached its obligation to respect the right of self-determination
- Nor does it believe that it guarantees that the exploitation of resources benefits the Sahrawi
- 91.5% of the total catch envisaged in the agreement correspond to the waters of that area
rtve.es.- The fishing agreement between the European Union and Morocco is not valid, since it applies to Western Sahara and adjacent waters, according to the conclusions of the general counsel of the Court of Justice of the EU in charge of analyzing the preliminary ruling of a British court to a request from the Western Sahara Campaign (WSC), an organization that defends the recognition of the right to self-determination of the Saharawi people.
According to the lawyer Melchior Wathelet, when signing that agreement, “the Union breached its obligation to respect the right of the people of Western Sahara to self-determination and its obligation not to recognize an illegal situation resulting from the violation of that right”.
“The fisheries agreement and the acts that approved and applied it are incompatible with the provisions of the Treaties that oblige the Union to ensure that its external action protects human rights and strictly respects International Law,” recalls Wathelet. Read more