The Case Western Sahara Campaign UK and the International and Institutional Coherence of European Union External Action. Opening Pandora's Box?
Additional information
Authors
Mensi A.
Type
Journal Article
Year
2018
Language
English
Abstract
The article explores the recent Case Western Sahara Campaign UK and the consequencesarising from the Court’s findings on European external action and trade policies. The Case represents a landmark decision on the relationship between the European Union and principles of customary international law. In assuming that the territory of Western Sahara is not part of the Kingdom of Morocco, the Court reaffirms its role in interpreting whether international agreements concluded by the Union are compatible with the Treaties and the rules of public international law. What makes the Court’s decision particularly interesting is that the Case concerns a controversial international law principle, such as the right to self-determination. This opens many questions on the future approach of the external action with self-determination claims in European Union trading partners. The article comes to the conclusion that the Case shows an evident lack of coherence of European external action, both in its international and institutional dimensions.
Journal
European Foreign Affairs Review
Start page number
549
End page number
563
Keywords
EU European Union Western Sahara European Court of Justice CJEU EUCJ Europa Unione Europea Human rights International law diritto internazionale diritti umani autodeterminazione selfdetermination
