الصحراء الغربية: الطريق القانوني والسياسي الطويل إلى -مخطط بيكر الثاني-

Résumé: There are few cases where the tension between the “law” and “politics” can be perceived as well as in the Western Sahara. The law applied to the case has remained practically intact since Spain, the administering power, declared Western Sahara as a “non autonomous territory” within the United Nations. Since then, the various UN bodies (General Assembly, International Court of Justice, Security Council, General Secretary and Deputy General Legal Advisor of the organization) have maintained intact the doctrine that reads that we are before a colony that does not belong to the “territorial integrity” of another State, and that therefore, shall be decolonized by means of a self determination referendum. Nonetheless, the distinct correlation of political forces in every moment has conditioned the execution of this right. The so called “Baker Plan II” backed up by Security Council resolutions 1495 and 1541 represents the last pole in which a political solution that does not harm International “Law” is possible.

Publié dans la revue: Annales de l’université d’Alger