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African Imperialism

Published online by Cambridge University Press:  27 February 2017

W. Michael Reisman
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Extract

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Some international cases are hard. The facts are controverted, the norms uncertain, hence determining the lawfulness of unilateral actions is difficult. In the Western Sahara case, facts and law are clear and condemnation of unlawful action must not be evaded.

Type
Editorial Comments
Information
American Journal of International Law , Volume 70 , Issue 4 , October 1976 , pp. 801 - 802
Copyright
Copyright © American Society of International Law 1976

References

1 Advisory Opinion on Western Sahara, [1965] ICJ Rep. 12. Full text also in 14 ILM 1355 (1975); excerpted 70 AJIL 366 (1976). For a further account of the case, see T. Franck, The Stealing of the Sahara, supra p. 694.

2 For a concise review of the political history of the dispute, see the separate opinion of Judge De Castro, Western Sahara [1975] ICJ Rep. 127 et seq.

3 Originally King Hassan invited Spain to join in contentious jurisdiction. When he was rebuffed, Morocco pressed the General Assembly to request an advisory opinion. See G.A. Res. 3292, 29 GAOR, Supp. 31, at 103-4, UN Doc. A/9681 (1974).

4 [1975] ICJ Rep. 31-33.

5 For details, see Le Monde, Feb. 27, 1976, at 4, cols. 1-3; id. Feb. 28, 1976, at 2, cols. 2-4; id. Feb. 29, 1976, at 1, col. 1; Washington Post, Feb. 2, 1976, at A.10, col. 5.