A Neighborly Dilemma : The Legal Consequences of the EU-Morocco Fisheries Agreements on Western Sahara's Right to Self-Determination

Abstract: Abstract  Western Sahara’s history is marked by Spanish colonization until 1976 followed by Moroccan invasion and nearly 50 years of occupation. The right to self-determination, applicable to territories under colonial or occupational rule, remains unrealized in Western Sahara. Despite Morocco’s occupation, the EU maintains a robust relationship to its neighbor, notably through the Euro-Mediterranean Association Agreement. This study scrutinizes the EU-Moroccan fisheries trade, focusing on the EU-Morocco Fisheries Partnership Agreement, and EU-Morocco Sustainable Fisheries Partnership Agreement. Despite the Court of Justice of the EU consistently nullifying or declaring these agreements inapplicable to Western Sahara due to public international law violations, the EU persists in trade negotiations with neighboring Morocco.  Reflecting on the dilemma, the purpose of this thesis is to examine the responsibility of the EU in relation to Western Sahara’s right to external self-determination, by scrutinizing the EU-Morocco fisheries trade with specific focus on the aforementioned agreements. Upon scrutinizing the EU’s stance on its neighboring conflict, five key conclusions are drawn. Firstly, that Western Sahara holds the right to self-determination on dual grounds – as a non-self-governing territory awaiting decolonization and due to unlawful annexation by Morocco. The right includes an economic and a political aspect. However, the political right to self-determination through a referendum remains unrealized. Secondly, the EU, bound by international law, has obligations to respect Western Sahara’s right to self-determination and to not recognize serious breaches of this right as lawful. Thirdly, the EU falls short in respecting Western Sahara's economic right to self-determination, violating both respect and non-recognition obligations through entering into the aforementioned fisheries agreements with Morocco. Fourthly, these violations invoke international organization responsibility. Lastly, while the agreements do not impact the theoretical applicability of the right to self- determination, they are exploitative and hinder the realization of Western Sahara's permanent sovereignty over natural wealth and resources. Even with amendments of the fisheries agreements to adhere to international law, the likelihood of realizing the right remains minimal, partially due to criticisms towards the self-determination regulation.