Saharawi Arab Democratic Republic and the Polisario Front v. The Owner and Charterers of the MV “NM Cherry Blossom” and Others

Abstract

Territory — Non-self-governing territory — Western Sahara — Article 73 of United Nations Charter — Morocco’s occupation of Western Sahara — Whether Morocco exercising sovereignty over the territory — International Court of Justice Western Sahara Advisory Opinion — Whether cargo on board MV NM Cherry Blossom belonging to people of Western Sahara

Territory — Right to self-determination — Sovereignty of Western Sahara over natural resources — Exploitation of natural resources in non-self-governing territory — Whether natural resources from Western Sahara can be exploited and sold by Moroccan entities — United Nations framework for the lawful exploitation of the natural resources of a non-self-governing territory — Exploitation of natural resources needing to have the consent of, or benefit, the people of a non-self-governing territory — Whether natural resources mined with consent of people of Western Sahara — Whether exploitation to benefit of people of Western Sahara

State immunity — Whether Morocco’s legal interests affected — Act of State doctrine — Relationship between act of State doctrine and international law — Nature and ambit of act of State doctrine in South African law — Whether claim justiciable in South African courts

Relationship of international law and municipal law — State immunity — Act of State doctrine — Whether any public international law principle preventing South African court from adjudicating matter — Whether adjudication by South African court could affect Morocco’s legal rights — The law of South Africa