Chapter 11 The Duty of Non-Recognition and EU Free Trade Agreements: Lessons for Investment Law from the Case of Front Polisario
In: Investments in Conflict Zones
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Abstract
The European Union is very active in concluding trade agreements with third states. These have to comply with international law. In two cases concerning Morocco, the European Court of Justice decided that such agreements violated the international right to self-determination of the Western Sahawris. The contribution explores the legal effect of these violations for trade agreements under EU law and puts the jurisprudence of the European Court of Justice in the wider context of bilateral trade agreements. Especially, it sheds light on whether the duty of non-recognition as a rule of customary international law applies for investment protection treaties.