L’Union européenne et le Sahara occidental : le rôle du droit européen dans l’effectivité des obligations internationales erga omnes

Abstract

The European Union has been dealing for many years with the sensitive issue of conclusion and enforcement of economic agreements with Morocco allowing the exploitation of Western Sahara natural resources. The ECJ has managed to preserve these treaties while affirming that their scope can’t be extended to this territory because of EU obligations stemming from the right of self-determination of the sahraoui people. The Commission and the Council chose nonetheless to negotiate with Morocco amendements explicitly including Western Sahara within their scope, thus provoking new legal actions. This litigation shows the potential contribution of the EU to the efficacy of international erga omnes obligations belonging to different fields. The declaration of unlawfulness of international agreements according to EU law would also affect the acts of secondary legislation implementing them, the law of Member States and finally rights and duties of their companies.