The Western Sahara Question and International Law

Cover
Half Title
Title Page
Copyright Page
Table of Contents
Preface
Acknowledgements
Chapter 1 Introduction
Chapter 2 Self-Determination and the Western Sahara Question
	A. UN and ICJ Involvement up to the Creation of the SADR in 1976
		(i) The General Assembly’s Early Involvement (1963–1974)
		(ii) The UN’s Visiting Mission and the Western Sahara Advisory Opinion
		(iii) Overview of the UN’s Subsequent Involvement in the Western Sahara Question
	B. The SADR’s Struggle for Recognition as a State
Chapter 3 The Doctrine of Recognition and Morocco’s Claim to Western Sahara
	A. The Duty of Non-Recognition
	B. The Discretionary Character of Acts of Recognition
	C. Formalism and Implied Recognition
		(i) EU/Morocco Trade and Fishing Agreements and Implied Recognition
	D. The Consequences of the Duty of Non-Recognition
		(i) Persistent Illegal Situations and Territorial Claims
		(ii) The African Court’s Judgment in the Bernard Mornah Case
Chapter 4 Recent Developments in UN Practice Concerning Western Sahara
	A. The Security Council’s Approach to the Western Sahara Question Since 2018
	B. The General Assembly and Western Sahara in Recent Years
		(i) C24 and Fourth Committee Meetings Since 2020
		(ii) Recent General Assembly Resolutions on Western Sahara
Chapter 5 Implications of Growing Support for the Moroccan Position on Western Sahara
	A. Growing Support for the Moroccan Autonomy Plan: Has a Tipping Point Been Reached?
	B. Establishing Consulates in Western Sahara and Implied Recognition
		The Territorial Foundations of Consular Representation
Chapter 6 Conclusion: The Future of Western Sahara and the Future of International Law
Index