Sentences with phrase «western sahara»
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The International Court of Justice notes in its Advisory Opinion on Western Sahara, the essential requirement for self - determination is that the outcome corresponds to the free and voluntary choice of the people concerned.
Finally the Court was influenced by the decision of the International Court of Justice in its Advisory Opinion of Western Sahara (1975) ICJR that rejected terra nullius as the basis for Spanish sovereignty in Western Sahara.
Thus in the Western Sahara case, (121) the International Court of Justice refused to give weight to the legal theory on which the land was acquired and preferred instead to «give precedence to the present - day aspirations of aggrieved peoples over historical institutions».
United States Japan Åland Islands Albania Algeria American Samoa Andorra Angola Anguilla Antarctica Antigua and Barbuda Argentina Armenia Aruba Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bermuda Bhutan Bolivia, Plurinational State of Bonaire, Sint Eustatius and Saba Bosnia and Herzegovina Botswana Bouvet Island Brazil British Indian Ocean Territory Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cabo Verde Cayman Islands Central African Republic Chad Chile China Christmas Island Cocos (Keeling) Islands Colombia Comoros Congo Cook Islands Costa Rica Croatia Curaçao Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Falkland Islands (Malvinas) Faroe Islands Fiji Finland France French Guiana French Polynesia French Southern Territories Gabon Gambia Georgia Germany Ghana Gibraltar Greece Greenland Grenada Guadeloupe Guam Guatemala Guernsey Guinea Guinea - Bissau Guyana Haiti Heard Island and McDonald Islands Holy See (Vatican City State) Honduras Hong Kong Hungary Iceland India Indonesia Ireland Isle of Man Israel Italy Jamaica Japan Jersey Jordan Kazakhstan Kenya Kiribati Korea, Republic of Kuwait Kyrgyzstan Lao People's Democratic Republic Latvia Lesotho Liechtenstein Lithuania Luxembourg Macao Macedonia, the former Yugoslav Republic of Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Martinique Mauritania Mauritius Mayotte Mexico Micronesia, Federated States of Moldova, Republic of Monaco Mongolia Montenegro Montserrat Morocco Mozambique Namibia Nauru Nepal Netherlands New Caledonia New Zealand Nicaragua Niger Nigeria Niue Norfolk Island Northern Mariana Islands Norway Oman Pakistan Palau Palestine, State of Panama Papua New Guinea Paraguay Peru Philippines Pitcairn Poland Portugal Puerto Rico Qatar Réunion Romania Russian Federation Rwanda Saint Barthélemy Saint Helena, Ascension and Tristan da Cunha Saint Kitts and Nevis Saint Lucia Saint Martin (French part) Saint Pierre and Miquelon Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Sint Maarten (Dutch part) Slovakia Slovenia Solomon Islands South Africa South Georgia and the South Sandwich Islands South Sudan Spain Sri Lanka Suriname Svalbard and Jan Mayen Swaziland Sweden Switzerland Taiwan, Province of China Tajikistan Tanzania, United Republic of Thailand Timor - Leste Togo Tokelau Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Turks and Caicos Islands Tuvalu Uganda Ukraine United Arab Emirates United Kingdom United States United States Minor Outlying Islands Uruguay Uzbekistan Vanuatu Venezuela, Bolivarian Republic of Vietnam Virgin Islands, British Virgin Islands, U.S. Wallis and Futuna Western Sahara Zambia
This is a follow - up to my July post on Action for Annulment Frente Polisario v Council (Case T - 512 / 12), a case before the General Court of the European Union (GC) in which Frente Polisario — the National Liberation Movement for Western Sahara — seeks the Annulment of the EU Council decision adopting the 2010 EU - Morocco Agreement on agricultural, processed agricultural and fisheries products.
As regards standing, the most striking aspect of the judgment is that the Court accepted the Frente's entitlement to plead as a «moral person», with the «necessary autonomy» to challenge a decision of the EU legislator (paras. 50 - 53), without reference to the sui generis character of Frente Polisario or to the unique situation of Western Sahara.
Frente Polisario is a national liberation movement (NLM) that claims sovereignty for Western Sahara — the area between Morocco and Mauritania that has been on the UN list of non-self-governing territories since 1963, and in 1975 was the subject of a fairly inconclusive ICJ Opinion.
~ ~ ~ Analysing the Western Sahara Campaign Case QM School of Law Thursday, 3 May 2018 from 12:00 to 14:00 Mile End Road, E1 4NS... Continue reading →
Source: Yabiladi, May 10, 2918 UN Personal Envoy for Western Sahara Horst Köhler is expected to hold a meeting on Tuesday 15th of May at the European Parliament.
The Sahrawi Arab Democratic Republic (SADR) in Western Sahara is appealing to the AU and the UN to put pressure on Morocco to hold a referendum on the status of the occupied Western Sahara.
Source: OXFAM In response to the UN Security Council's six month renewal of the mandate of the UN mission that has been monitoring a ceasefire in Western Sahara -LSB-...]
In the claim against DEFRA, the Western Sahara Campaign UK is challenging the lawfulness of the Fisheries Partnership Agreement between Morocco and the EU (or, alternatively, the manner of its implementation).
Western Sahara Campaign UK works to protect the rights of the people of Western Sahara.
In the claim against HMRC, the Western Sahara Campaign UK is challenging the lawfulness of the manner in which the Association Agreement has been implemented by the European Union and its Member States.
Morocco also claims the disputed territory of Western Sahara.
Pretrial Detention: Conditions generally were similar to those in Morocco, with large proportions of detainees in pretrial detention; the government of Morocco does not disaggregate statistics for Western Sahara.
North Africa Mail is a voice of, by and about North Africa — aggregating, producing and distributing news and information from over Morocco, Algeria, Tunisia, Mauritania, Libya, Western Sahara and Egypt.
The government of Morocco encouraged the return of Sahrawi refugees from abroad if they acknowledged the government's authority over Western Sahara.
The Secretary - General is deeply concerned about recent increased tensions in the vicinity of Guerguerat in the Buffer Strip in southern Western Sahara between the Moroccan berm and the Mauritanian border.
The Moroccan Prison Administration (DGAPR), which oversees prisons in the territory, contested this claim and asserted that prisoners in Western Sahara and Sahrawi prisoners in Morocco received the same treatment as all other prisoners under DGAPR authority.
The UN Secretary General's report covering April 2016 - April 2017 indicated that Morocco confirmed the expulsion of 187 foreigners from Western Sahara for threatening internal stability or failing to meet immigration requirements.
Independent Monitoring: The CNDH conducted 31 monitoring visits to prisons in or near Western Sahara as of September 15.
«The Security Council, «Recalling and reaffirming all its previous resolutions on Western Sahara, «Reaffirming its strong support for the efforts of the Secretary ‑ General and his Personal Envoy to implement resolutions 1754 (2007), 1783 (2007), 1813 (2008), 1871 (2009), -LSB-...]
The outcomes of trials in which the government had a strong political stake, such as those touching on Islam as it related to political life and national security, the legitimacy of the monarchy, and the Western Sahara, sometimes appeared predetermined.
Source: LeghDay Adviser to the EU's highest court gives opinion on trade ties between EU states and the people of Western Sahara European Union Court of Justice's Advocate General -LSB-...]
The government of Morocco responded that the individuals were expelled from Western Sahara to cities in internationally recognized Morocco in the interest of maintaining public order in the territory, as the government believed their purpose was to organize protests.
According to Sahrawi NGOs, on January 21, Moroccan authorities removed six Norwegian activists from international political and human rights organizations from Western Sahara.
Thus, the Court essentially came to the same result as the GC, since both judgments lead to the inapplicability of the Agreements to Western Sahara (a finding that will most likely also have an effect on case C - 266 / 16 UK Western Sahara Campaign, a preliminary reference currently before the Court).
Secondly, the Court considered the GC's finding that the omission of a clause excluding the application of the Liberalisation Agreement to the territory of Western Sahara amounted to an implicit acceptance of its applicability to that territory by the Council and the Commission.
Finally, the Court held that the GC, in its interpretation, should have taken into account the principle of the relative effect of treaties, since the extension of the territorial scope of the Liberalisation Agreement to Western Sahara would have necessarily affected a «third party», namely the people of Western Sahara (Judgment para 100 - 107).
According to the Court, the GC had erred in law by interpreting the Liberalisation Agreement as also applying to the territory of Western Sahara.
In its judgment, the GC had concluded that the subsequent de facto application of the Association Agreement and the Liberalisation Agreement to the territory of Western Sahara had to be interpreted as subsequent practice in the sense of Article 31 (3)(b) VCLT, justifying the interpretation of the territorial scope of the Agreements as including Western Sahara.
Although the legality of the factual application is not directly addressed, it necessarily follows from the conclusion of legal inapplicability of the Agreements to Western Sahara that any future application, de facto or otherwise, is out of the question.
The principle of self - determination, an essential principle of international law and enforceable erga omnes (East Timor (Portugal v Australia) para 29 and cited case law), provides for the distinct and separate status of Western Sahara, which precludes an interpretation in which Western Sahara is part of Moroccan territory (Judgment para 88 - 93).
Giving the final judgment in the matter, the Court declared Front Polisario's action to be inadmissible, since the Agreements could not be interpreted as applying to Western Sahara, leaving them with a lack of standing under Article 263 TFEU (Judgment para 133).
This means, according to the Court, that the «territorial clause» of the Association Agreement (Article 94) prevails, and accordingly, that the Liberalisation Agreement could not be understood as including Western Sahara in its territorial scope, thus making the insertion of an express exclusion clause unnecessary (Judgment para 109 - 115).
In addition, by solely focussing on the GC's interpretation of the Agreements, the Court was able to circumvent the instances of de facto application by both Morocco and the Council and Commission, since the Court's conclusion of legal inapplicability to Western Sahara made these instances factual anomalies falling outside the scope of appeal.
And although the Front Polisario lost its appeal and was denied standing, it does not leave the Court room empty handed: the inapplicability of the Agreements to Western Sahara and the explicit confirmation of its distinct status under international law is after all, effectively, the result they sought to achieve in the first place.
Nevertheless, in the face of the Court's explicit exclusion of Western Sahara, the Council and the Commission should both be able to draw their conclusions with regard to the legality of these factual applications.
In addition, the Court's interpretation and application of the principle of the relative effect of treaties proved interesting in and of itself, seeing that it designated the «people of Western Sahara» as a «third party», thereby extending the application of the customary pacta tertiis principle to non-State parties, as it had done before in the case C - 386 / 08 Brita (Brita para 52).
WSCUK argue that the UK unlawfully allowed products, originating from or processed in Western Sahara, to be imported into the UK under a trade agreement with Morocco.
Today, in the Grand Chamber of the Court of Justice of the European Union (CJEU) oral submissions are being heard on behalf of the Western Sahara Campaign UK (WSCUK) in its challenge against the legality of the EU — Morocco Fisheries Partnership Agreement.
EU Advocate General delivers landmark Opinion in Western Sahara Campaign UK v. Commissioners for Her Majesty's Revenue and Customs
R (Western Sahara Campaign UK) v The Commissioners for HMRC and the Secretary of State for the Environment, Food and Rural Affairs [2015] EWHC 2898 (Admin)
Georgia and Russia certainly did not resolve their dispute over South Ossetia in 2008 by peaceful means (Article 33 UN Charter), while Western Sahara remains occupied by Morocco to the present day.
Not primarily about migration, but a case arising out of the long - running conflict between Morocco, as occupying power, and the Western Sahara as occupied territory.
For many years, the UN has recognised the Western Sahara as a non-self-governing territory which is entitled to exercise its right of self - determination.
Shortly before Christmas, the Court of Justice delivered its highly anticipated judgment in case C - 104 / 16 P Council v Front Polisario, on appeal against the General Court (GC) judgment in case T - 512 / 12 Front Polisario v Council, an action for annulment brought by Front Polisario, the national liberation movement fighting for the independence of Western Sahara.
The first is a preferential tariff (administered by HMRC) applicable to imports from Morocco of goods originating from the Western Sahara.