The Queen (on the application of Western Sahara Campaign UK) v. Commissioners for Her Majesty’s Revenue and Customs and Another

Abstract

Human rights — Self-determination — Obligation erga omnes — Non-self-governing territories — Western Sahara — Whether inclusion of territory of Western Sahara and of waters adjacent thereto within scope of EU–Morocco Fisheries Partnership Agreement, 2006 constituting breach of right of people of Western Sahara to self-determination

Jurisdiction — European Court of Justice — Competence to review legality of international agreements concluded by European Union with third countries — EU–Morocco Fisheries Partnership Agreement, 2006 — Whether Monetary Gold principle applicable

Recognition — Obligation not to recognize an illegal situation resulting from a breach of right to self-determination and not to render aid or assistance in maintaining that situation — Whether European Union breaching this obligation by concluding EU–Morocco Fisheries Partnership Agreement, 2006, in as far as it applies to Western Sahara and waters adjacent thereto

Relationship of international law and municipal law — Treaties — Custom — Judicial review of international agreements concluded by European Union — Whether rules of international law can be invoked in judicial review — Conditions that must be met in order to invoke rules of international law in judicial review — Whether right to self-determination, principle of permanent sovereignty over natural resources and rules of international humanitarian law applicable to conclusion of international agreements concerning exploitation of natural resources of occupied territory can be invoked

Sea — Maritime zones — Territorial sea — Exclusive economic zone — Rights and jurisdiction of coastal State — Fisheries — Whether waters adjacent to territory of Western Sahara forming part of Moroccan fishing zone under EU–Morocco Fisheries Partnership Agreement, 2006

States — Sovereignty — Extent of sovereignty — Morocco — Western Sahara — International recognition of Western Sahara as a non-self-governing territory — Whether agreements concluded between Morocco and European Union applicable to Western Sahara

Territory — Non-self-governing territory — Western Sahara — UN Charter, 1945, Article 73 — Principle of permanent sovereignty over natural resources — Administering power — Rights and obligations of administering powers — Power to conclude international agreements applicable to non-self-governing territory — Whether Morocco administering power of Western Sahara

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969, Article 31 — Whether binding on European Union — Subsequent agreement between parties — Special meaning given by parties to term of treaty

Treaties — Application — Scope — Principle that treaty not applicable to third parties — Agreements between European Union and Morocco — Whether applicable to Western Sahara — Whether Western Sahara a third party

War and armed conflict — Occupation — Existence of occupation — Powers of occupant — Treaty-making power in relation to occupied territory — Exploitation of natural resources of occupied territory — Hague Convention IV of 1907 — Articles 42, 43 and 55 of the Hague Regulations — Fourth Geneva Convention, Article 64(2) — Whether lex specialis in comparison to principle of permanent sovereignty over natural resources — Whether Morocco occupying power of Western Sahara — The law of the European Union