2017

Abstract:This study analyzes the issues of international law raised in the recent case of Frente Polisario v. Council of the European Union, heard by the General Court of the European Union and the Court of Justice of the European Union. The case highlighted important aspects related to the territorial application of a treaty concluded with a state whose territory is not fully recognized internationally. The two judgments of the General Court and the Court of Justice of the European Union highlight, in particular: the fact that interpretation is the most effective solution in the case of difficult issues; the fact that, from a legal standpoint, the inclusion of clauses or the transmission of notifications when concluding treaties with states that have unresolved territorial issues is not necessary. In practice, the Court of Justice of the European Union acted similarly to a “constitutional court,” correcting the unlawful conduct of the European Union institutions through interpretation.

Keywords: Court of Justice of the European Union; interpretation in international law; Western Sahara; unrecognized territorial changes