Western Sahara Case

Abstract

State territory — In general — Nature of territorial sovereignty — Western Sahara-Desert region populated by nomadic tribes — Colonized in late nineteenth century by Spain — Whether terra nullius at time of colonization — Rights of nomadic tribes — Intertemporal law — Some tribes owing personal allegiance to Sultan of Morocco — Whether Western Sahara part of Moroccan territory — Relationship between personal allegiance and territorial sovereignty — Importance of religious ties — Proof of sovereignty — Immemorial possession — Evaluation of historical evidence — Importance of social, political, religious and cultural links with Mauritanian entity — Whether Western Sahara part of Mauritanian entity

Principle of self — determination — Whether a part of international law — Application of principle to decolonization of non-selfgoverning territory — Whether a requirement that people of the territory should be consulted — Whether consultation or choice offered to take any particular form — Concept of reintegration of colonized territory into former national State — Whether concept subject to overriding importance of self — determination-Nature of legal ties between State and colonized territory necessary for concept of reintegration to apply

Disputes — International Court of Justice — Advisory jurisdiction — Competence of Court limited to questions possessing legal character — Whether question must affect existing legal rights — Mixed questions of law and fact — Lack of consent of State specially interested in proceedings — Whether relevant to competence or to propriety of giving an opinion — Subject of request for advisory opinion overlapping with subject of dispute between States — Nature of a legal dispute between States — Whether advisory jurisdiction appropriate for determination of question involving complicated factual considerations — Object of request to guide United Nations as to form of decolonization — Propriety — Composition of Court — Conditions for appointment of judge ad hoc Subjects of international law — States — States taking different forms — Special characteristics of Sherifian State in nineteenth century Morocco — Need to take these characteristics into account in considering questions of territorial sovereignty and personal allegiance — Tribes and emirates of Mauritania not formed into State — Whether a legal entity — Whether group possessing rights against its members — Whether Islamic Republic of Mauritania succeeding to any such rights

Treaties — Interpretation — Bi-lingual treaties — Material differences between Arabic and Spanish texts — Value of treaties as evidence of international recognition of sovereignty