26 Mar 2025
The Strength of ICJ Advisory Opinion: The example of the Western Sahara Case Before the European Justice
Jean-Marc Sorel
Paris 1 Panthéon-Sorbonne University
On March 26, 2025, the FGV Jean Monnet Centre of Excellence, co-funded by the European Union under the Erasmus+ programme, in partnership with the FGV Centre for Global Law, was honoured to welcome Jean-Marc Sorel, Professor at the Paris 1 Panthéon-Sorbonne University.
Professor Sorel presented a legal analysis of the Western Sahara case, beginning with the 1976 Madrid Agreement and the trilateral negotiations between Morocco and Mauritania, and continuing through the region's fifteen-year military conflict.
Following a historical overview of the Western Sahara conflict, Professor Sorel analysed its key legal aspects, including the 1975 advisory opinion issued by the International Court of Justice and its role in shaping the Court of Justice of the European Union’s perspective on treaties that violate the right to self-determination. The CJEU's conclusion, that the consent of the Western Saharan population is a requirement for the validity of EU-Morocco agreements implemented in the territory, was a central point of discussion. He then examined the United Nations's role in facilitating a peace settlement between Morocco and the Polisario Front regarding the Western Sahara.
We sincerely thank Professor Jean-Marc Sorel for an engaging and enriching session on this fundamental topic.