ABSTRACT

The European Union’s (EU’s) relationship with such territories, including its economic engagement, is ad hoc, shaped by geopolitical concerns as well as legal considerations. The economic exploitation of resources in Western Sahara was more specifically dealt with in a 2002 letter of Hans Corell, who was requested by the United Nations Security Council to examine some of these international law issues. The Commission undertook public consultations with people in Western Sahara, examining the economic and human rights impact of the proposal. The EU and its Member States value the importance of good relations with Morocco, which involves much more than economic ties, but important cooperation on migration, counter-terrorism and security. The Court of Justice of the EU also differed from the General Court in its analysis and application of the “subsequent practice” of the parties in the interpretation of the agreement.