Spain, Morocco and Western Sahara at the limits of the Law of the Sea
In recent weeks there has been talk of conflict between Spain and Morocco over the delimitation of territorial waters respective to each country, but the reason for this has not been explained. So, let's do it ourselves!
Context of the conflict between Spain and Morocco over Western Sahara
El Moroccan Parliament validated in the last January the necessary laws to declare its sovereignty over the waters of Western Sahara; and, therefore, expand its oceanic demarcation.
To which you may ask, what does this have to do with Spain?
View: Morocco launches a fight against Spain for control of the waters near the Canary Islands
Well, although the goal of the North African country es definitively appropriate said waters and, with it, limit and increase its perimeter, set at 12 nautical miles by International Law; at the same time creates a 200-mile Exclusive Economic Zone e incorporate 350 of its continental shelf, this action directly affects the Spanish territorial waters surrounding the Canary Islands.
In 2014, Spain presented to the United Nations Commission on the Limits of the Continental Shelf a proposal to expand the continental shelf to the West of these islands, which, although it is still pending study by the Organization, if approved, would overlap with what was approved from Rabat. Giving rise to a dispute between both countries that could reach the International Tribunal for the Law of the Sea.
At the same time, what for some is already a former Spanish colony and for the UN it still belongs de jure today - Sáhara Occidental or Sahrawi Arab Democratic Republic as it has proclaimed itself- has not undergone the effective decolonization process that allows Morocco to claim the waters as their own and distance themselves from international controversy.
Well, although de facto it is the Kingdom of Morocco that exercises control over the territory, Spain continues to have the obligation to guarantee decolonization.
El Law of the Sea in the Spanish-Moroccan conflict
Why is this situation possible? Let's analyze the factors:
1. Foreseeable overlap between the extended continental shelf of the Canary Islands and that of Morocco
This African State, like any coastal signatory of UNCLOS can perform the expansion of the continental shelf beyond the 200 miles following the Article 76 of the Convention.
Given the Manifest inequality between Spanish and Moroccan marine spaces, the latter should be compensated under the equity criterion, which would give it the southern tip of Western Sahara.
2. Non-autonomous status of Western Sahara and, therefore, dispute between Morocco - de facto manager -, United Nations and Spain
What the North African State intends is usurp Sahrawi sovereignty; which could be coherent if we consider that this one manages it.
However, raising it before the United Nations could be controversial.
3. Legitimacy of the Moroccan authorities to exploit the area outside of Sahrawi interests
Morocco consider that you have full sovereignty over these waters, so, according to them, they can exploit them.
Does that mean that the actions in Rabat are legitimate?
No, since it has declared supposed sovereignty unilaterally.
In fact, Sahrawi claim on them is permanent, just as they demand the end of the decolonization process.
Well, since they have not completed the process of self-determination, they cannot delimit their sovereignty; nor, therefore, its maritime spaces.
As we see, It is not just a political conflict between Spain and Morocco, there are many variables that make it up and make it very difficult to both analyze and resolve. What do you think?
Sources:
Oceans and law of the sea, United Nations: https://www.un.org/Depts/los/clcs_new/clcs_home.htm
García Pérez, R. (2019) Canary Islands and the foreseeable expansion of their continental shelf: the difficult balance between Spain, Morocco and Western Sahara. Journal of International Mediterranean Studies
Rosa Meneses, 2020. Spain and Morocco clash over the control of their maritime borders. The World.
LL.M in International Business Law and Law from ISDE and graduated in Law and International Relations from Loyola University. CEO and business internationalization consultant at Reáculoateypunto.
