Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Determining The Limits Of Law In The Western Sahara Case

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Boundaries of Discourse in the International Court of Justice — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation