Legal decision
ICJ advisory opinion on Western Sahara, 1975
The International Court of Justice found ties of allegiance and rights between the Territory and Morocco and the Mauritanian entity, but no tie of territorial sovereignty.
What happened
Spain had announced a self-determination referendum for 1975 but postponed it when the General Assembly sought the Court’s opinion.[1] The Court found that the Territory was not terra nullius at colonisation and that there were legal ties of allegiance with the Sultan of Morocco and rights with the Mauritanian entity, but no tie of territorial sovereignty, and no ties that might affect the application of self-determination.[2]
Sources for this page
Each number marks a specific claim. Notes give the source, its locator and how it relates to the claim.
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1.
Claim: In August 1974 Spain announced a self-determination referendum for the first half of 1975, but postponed it when the General Assembly asked the International Court of Justice for an advisory opinion. Attributed to Government of Spain (1976)
- Permanent Mission of Spain to the United Nations, Letter dated 26 February 1976 from the Permanent Representative of Spain to the United Nations addressed to the Secretary-General (United Nations, 26 February 1976) link, pp. 1–2. Government perspective or primary official source Source record
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2.
Claim: In its advisory opinion of 16 October 1975 the International Court of Justice found that Western Sahara was not terra nullius at the time of Spanish colonisation and that there were legal ties of allegiance between the Sultan of Morocco and some tribes, and certain rights linking the Mauritanian entity and the territory, but no tie of territorial sovereignty with either, and no legal ties of a nature that might affect the application of resolution 1514 (XV) and the principle of self-determination.
- International Court of Justice, Western Sahara: advisory opinion (case overview) (International Court of Justice) link, case overview. Source record