International Court of Justice advisory opinion on Western Sahara (1975)

E349794

The International Court of Justice advisory opinion on Western Sahara (1975) was a landmark legal ruling that concluded Western Sahara was not terra nullius at the time of Spanish colonization and affirmed the Sahrawi people's right to self-determination.

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All labels observed (4)

Statements (46)

Predicate Object
instanceOf International Court of Justice case
advisory opinion
advisory opinion on decolonization
legal ruling
areaOfLaw international law
law of decolonization
self-determination
bindingNature non-binding advisory opinion
citation International Court of Justice advisory opinion on Western Sahara (1975) self-linksurface differs
surface form: Western Sahara, Advisory Opinion, I.C.J. Reports 1975, p. 12
concernsState Mauritania
Morocco
Spain
concernsTerritory Spanish Sahara
surface form: Western Sahara
countryOfCourt Netherlands
court International Court of Justice
date 1975-10-16
decisionFormat majority opinion
hasDissentingOpinions true
hasSeparateOpinions true
influenced UN General Assembly resolutions on Western Sahara
surface form: United Nations practice on Western Sahara

international discourse on the right of the Sahrawi people to self-determination
language English
French
legalFinding Western Sahara was inhabited by peoples socially and politically organized in tribes under chiefs competent to represent them
Western Sahara was not terra nullius at the time of Spanish colonization
certain legal ties of allegiance existed between Mauritanian entities and some of the tribes of Western Sahara
legal ties of allegiance existed between the Sultan of Morocco and some of the tribes of Western Sahara
the legal ties found did not affect the application of the principle of self-determination through the free and genuine expression of the will of the peoples of Western Sahara
the legal ties found did not amount to territorial sovereignty of Morocco or Mauritania over Western Sahara
legalStatusOfTerritory non-self-governing territory
place The Hague
principleAffirmed non‑applicability of terra nullius to Western Sahara at the time of colonization
self-determination of peoples
recognizedRight right of the Sahrawi people to freely determine their political status
right of the people of Western Sahara to self-determination
relatedTo Madrid Accords
surface form: Madrid Accords (1975)

Sahrawi people
Spanish Sahara
requestedBy United Nations General Assembly
subjectMatter decolonization
self-determination
status of Western Sahara
territorial status of Western Sahara at the time of Spanish colonization
typeOfProceeding advisory proceedings
UNResolutionRequestingOpinion UN General Assembly Resolution 3292 (XXIX)
year 1975

Referenced by (5)

Full triples — surface form annotated when it differs from this entity's canonical label.

Green March legalContext International Court of Justice advisory opinion on Western Sahara (1975)
Green March precededBy International Court of Justice advisory opinion on Western Sahara (1975)
this entity surface form: International Court of Justice advisory opinion on Western Sahara
Madrid Accords follows International Court of Justice advisory opinion on Western Sahara (1975)
this entity surface form: Advisory Opinion on Western Sahara of the International Court of Justice
International Court of Justice advisory opinion on Western Sahara (1975) citation International Court of Justice advisory opinion on Western Sahara (1975) self-linksurface differs
this entity surface form: Western Sahara, Advisory Opinion, I.C.J. Reports 1975, p. 12
La Marche Verte precededBy International Court of Justice advisory opinion on Western Sahara (1975)