Earlier this year PILA reported on the Advocate General’s opinion on this case, wherein Advocate General Wathelet (AG) invited the Court of Justice of the European Union (CJEU) to determine that an EU agreement with Morocco regarding fishing is invalid on international law grounds. Click here for a detailed analysis of that opinion. The CJEU has now delivered its judgement and found that the agreement between the European Union and Morocco on the rights to fishing activities in the waters of Morocco and those adjacent to Western Sahara breaches the right of self-determination of the people of Western Sahara.
The Fisheries Partnership Agreement, which came into effect in February 2007, granted EU fishing vessels the right to fish in the waters of the Kingdom of Morocco. The Partnership Agreement intended to improve and increase the working relationship between Morocco and the European Union. The agreement was to promote responsible fishing in Morocco and implement Moroccan fishing policy. The Moroccan fishing zones was taken to mean the waters which are under the jurisdiction of the Kingdom of Morocco and that all EU fishing vessels comply not only with the Agreement but also with the Convention on the Law of the Sea.
In addition to the Fisheries Partnership Agreement, a protocol between the EU and Morocco determined the prospects for fishing activities in Moroccan water. The current 2013 protocol grants EU fishing vessels the right to fishing opportunities for a period of four years.
The Western Sahara Campaign UK, a body which supports the rights of the people of Western Sahara, brought before the UK courts, two actions. On the second action, they claimed that the Fisheries Partnership Agreement concluded between the EU and Morocco, includes the waters adjacent to Western Sahara and should therefore be invalid. The organisation stated that there is an obligation on the European Union to observe International Law, under which is the right to self-determination.
The UK High Court ultimately referred the following 2 questions for consideration by the CJEU:
1) Is the Fisheries Agreement valid, considering the requirement for the European Union to observe International Law and the Charter of the United Nations?
2) Is Western Sahara Campaign UK permitted to challenge the Fisheries Partnership Agreement, in that although the organisation has legal standing under UK law, they have not asserted any right under EU law?
In regards to the first question, the CJEU sought to determine whether the waters adjacent to Western Sahara are included in the Fisheries Agreement, and therefore permits fishing vessels to carry out fishing activities in this zone. The CJEU found that Western Sahara does not fall under the jurisdiction of the Kingdom of Morocco as this would be in breach to the principles of International Law. The CJEU decided that: “if the territory of Western Sahara were to be included within the scope of the Fisheries Agreement, that would be contrary to certain rules of general international law….[including] the principle of self-determination”.”
The CJEU found that there was no need to consider the second question referred to them, as they concluded that waters adjacent to Western Sahara is not covered by the Fisheries Partnership Agreement.
Click here for full judgement of Western Sahara Campaign UK v Commissioners for Her Majesty’s Revenue and Customs, Secretary of State for Environment, Food and Rural Affairs.