The Empire Strikes Back: The Council Decision Amending Protocols 1 and 4 to the EU-Morocco Association Agreement

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 307-317 | European Forum Insight of 27 February 2019 | (Table of Contents) I. Introduction. - II. The EU's Obligation of Non-Recognition and the Capacity of Morocco to Conclude Agreements Extending to Western Sahara. - III. The Council Decision and the question of EU Complicity in the Unlawful Exploitation of Natural Resources of Western Sahara. - IV. Conclusion. | (Abstract) This Insight focuses on the newly adopted Council Decision amending Protocols 1 and 4 to the EU-Morocco Association Agreement which extends the territorial scope of the Association Agreement to expressly include Western Sahara. The purpose of this Insight is to assess the compatibility of the Council Decision with international law. The main argument advanced here is that the Council Decision is problematic from an international law point of view as it arguably violates the EU's duty of non-recognition and non-assistance in the commission of internationally wrongful acts.

Keywords

• council decision amending protocols 1 and 4 to the eu-morocco association agreement
• duty of non-recognition
• duty of non-assistance
• western sahara
• self-determination
• exploitation of natural resources