Western Sahara Legal Case: The International Law Narrative of Unresolved Conflict
Western Sahara Legal Case: The International Law Narrative of Unresolved Conflict
Jamal Ait Laadam,Yasmine Hasnaoui,Paul Wang
2024 · DOI: 10.4236/blr.2023.144123
Beijing Law Review · 0 Citations
Abstract
The legally and internationally labeled Spanish Sahara is the oldest
colonized territory in Africa. Colonized by Spain in 1884, WesternSahara has been an unchallengeable statutory case file in the UN tasks ofthe dispute between various actors at different times. Following trilateralnegotiations, Spain ceded control of this territory to Morocco and Mauritaniaunder the Madrid Agreement of 1976. The Polisario fully refused this treaty andwith the help of Algeria waged an armed group to struggle specifically againstMorocco. After fifteen years of an intense military fight, the United Nations(UN) brokered a ceasefire in 1991 that terminated the war and established a newphase of a long and pointless peace process. After outlining the history of theWestern Sahara conflict, this paper analyzes the question of legality case startingfrom the settlement plan process through the Baker plans to the 2007 proposalsby both parties, and finally clarifies the reasons and motives behind the deadlockin the Western Sahara. Therefore, the United Nations has been fastened in themiddle of a perplexed conflict that several parties are directly or indirectlyinvolved in. The key reason for the failure of this statutory question was the lackof management and supervision of serious diplomatic negotiations.