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Determining The Limits Of Law In The Western Sahara Case

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Chapter Summary

The International Court of Justice (ICJ)'s Western Sahara Advisory Opinion handed down in 1975 has retained a prominent place within international legal scholarship because of its confirmation of the right to self-determination at least within colonial boundaries. Through the structuring device of the law/politics dichotomy, argumentative strategies employed by the parties and the Court are reviewed in this chapter. The chapter considers some matters of substance pertinent to the issue of universalism: patterns of non-Western statehood and the construction of selfhood through international law. Western Sahara has nourished and been nourished by numerous empires in its history, including the Islamic dynasties of the Alawites, the Almohads, the Almoravids, the Idrisids, the Merinids and the Saadians. The chapter evaluates some of the strategies - or legal grammars - employed at the bench and the bar in staking an authentic characterisation of the relationship between law and politics.

Keywords: International Court of Justice (ICJ); International Law; self-determination; Western Sahara

10.1163/ej.9789004174634.i-308.48
/content/books/10.1163/ej.9789004174634.i-308.48
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