1975

ICJ

Western Sahara Case Advisory Opinion

WS was colonised by Spain in 1884 and remained until 1976 known as Spanish Sahara. GA invited Spain to decolonise it. Morocco that first supported self-determination claimed territory on basis of historic title. Mauritania made a similar claim. GA asked Was WS at time of colonisation by Spain terra nullius? What were the legal ties between this territory and Morocco and Mauritania? Spain objected the court to give an opinion, since the matter was related in how it was to decolonise the WS and it had not consented the dispute to be decided in contentious proceedings

Court distinguished Eastern Carelia ‘Spain had consent jurisdiction to Advisory opinion since it was a member of UN and ICJ’ Territories inhabited by tribes of peoples having social and political organization were not regarded as terra nullius in 1884. It was not established any tie of territorial sovereignty between WS and Morocco or Mauritania. It was not found legal ties that affect the application of res 1514 XV, in the decolonisation of WS, in particular self-determination principle through the free and genuine expression of the will of the peoples of the territory Self determination is part of corpus iuris gentium