Frontpage          Contact          About the Campaign          DONATE          Read more     








Archive -2011
Archive -2010
Archive -2009
Archive -2008
Archive -2006



This campaign is an initiative of:




EU fish plans illegal, 21 jurists and lawyers state
legal_opinion_510.jpg

The aspects of international law that was of concern to the European Parliament back in 2011 have not been answered to in the new proposed fisheries agreement, state 21 jurists.
Printer version    
The EU-Morocco Fisheries Partnership Agreement that is up for vote on 10 December "still does not address the failure to conform with international law that was one of the reasons that the European Parliament rejected the Protocol in 2011. This is stated by a group of 21 jurists from Spain, Sweden, United States, Honkong, Luxembourg, Denmark, Canada, Finland, dated 2 December 2013.

The group states that the agreement "may make the EU and its member states liable for a violation of international law, namely recognition of and assistance to serious breaches of international law by Morocco, amounting to aggression and denial of the right of self-determination, including the right to freely dispose of their natural wealth and resources."

Download the legal opinion here.

The conclusion of the document reads the following:
The conclusion is that the 2013 Protocol still does not address the failure to conform with international law that was one of the reasons that the European Parliament rejected the Protocol in 2011.
In the 2013 legal opinion to the European Parliament, the Parliament’s legal service cited its own previous opinion of 2009. The legal service here found that "compliance with international law requires that economic activities related to the natural resources of a Non-Self-Governing Territory are carried out for the benefits of the people of such Territory, and in accordance with their wishes." Further, "[i]n the event that it could not be demonstrated that the FPA was implemented in conformity with the principles of international law concerning the rights of the Saharawi people over their natural resources, principles which the Community is bound to respect, the Community should refrain from allowing vessels to fish in the waters off Western Sahara by requesting fisheries licences only for fishing zones that are situated in the waters off Morocco”. Since there are no records of this having been the case, before or after 2009, Parliament should reject this Protocol and let it be known to the Commission that it expects the Commission to negotiate a new agreement which fully respects international law.


The opinion is signed by the following:

  • Oscar Abalde Cantero, Professor of Public International Law, Universidad del País Vasco
  • Lennart Aspegren, Former UN Judge
  • Nathaniel Berman, Rahel Varnhagen Professor of International Affairs, Law, and Modern Culture, Brown University
  • Maria Dolores Bollo Arocena, Professor of Public International Law, Universidad del País Vasco
  • Ove Bring, Professor Emeritus in International Law, Stockholm University & Swedish National Defence College
  • Candelaria Carrera Asturiano, Miembro de AIODH (Asociación Internacional para la Observación de los Derechos Humanos), Abogados de Badajoz Law School
  • Tony Carty, Sir Y K Pao Chair in Public Law, Hongkong University
  • Ola Engdahl, Associate Professor of International Law Swedish National Defence College
  • David Fisher, Professor of International Law, Faculty of Law, Stockholm University
  • Andres Marin Garcia, Miembro de AIODH, Abogados de Badajoz Law School
  • Matthew Happold, Professor of Public International Law, Université du Luxembourg 4
  • Frederik Harhoff, Professor of International Law, Syddansk Universitet i Odense
  • Iñigo Iruretagoiena Agirrezabalaga, Professor of Public International Law, Universidad del País Vasco
  • Francisco Javier Quel Lopez, Professor of Public International Law, Universidad del País Vasco
  • Mark Klamberg, LL.D. and senior lecturer in Public International Law at Uppsala University
  • David Langlet, Associate Professor, Stockholm University, Stockholm Centre Oxford Fellow, Faculty of Law, University of Oxford
  • Nicolás Alonso Moreda, Professor of Public International Law, Universidad del País Vasco
  • Frédéric Mégret PhD, Associate Professor at the Faculty of Law, McGill University, and the holder of the Canada Research Chair in the Law of Human Rights and Legal Pluralism.
  • Jarna Petman, Senior Lecturer/Professor a.i. in International Law, Helsinki University
  • Juan Soroeta Liceras, Professor of Public International Law, Universidad del País Vasco and President of AIODH
  • Pål Wrange, Professor of Public International Law at Stockholm University

  •     
    News:

    23.10 - 2015 / 23.10 - 2015Morocco continues to discard by-catches in occupied Western Sahara
    29.06 - 2015 / 29.06 - 2015Moroccan government accused of fraud with EU anti-driftnet money
    02.12 - 2014 / 02.12 - 2014Maria Damanaki opposed continued EU fishing in Western Sahara
    18.09 - 2014 / 18.09 - 2014EU-Morocco fish deal: who's shown an interest so far?
    18.09 - 2014 / 18.09 - 2014Dutch first to fish under unethical EU-Morocco fish deal
    09.08 - 2014 / 09.08 - 2014UN former legal chief slams EU legal view as "preposterous"
    21.07 - 2014 / 21.07 - 2014Illegal EU fish agreement with Morocco now ratified by King
    14.03 - 2014 / 14.03 - 20149 detained, threats of jail if demonstrating against EU fisheries
    11.02 - 2014 / 11.02 - 2014Here are the EU states that will benefit from the dirty fisheries
    11.02 - 2014 / 11.02 - 2014Morocco adopts contentious EU-Morocco fish deal
    10.12 - 2013 / 10.12 - 2013Occupied Sahara: EU undermining Human Rights on Human Rights Day
    08.12 - 2013 / 08.12 - 2013More vids of demonstration and victims of EU/Moroccan plans in Sahara
    08.12 - 2013 / 08.12 - 2013Western Sahara president asks UN intervention to stop EU and Morocco
    08.12 - 2013 / 08.12 - 2013Many injured in protest against EU/Spain fish plans in Western Sahara
    05.12 - 2013 / 05.12 - 2013EU fish plans illegal, 21 jurists and lawyers state
    05.12 - 2013 / 05.12 - 2013267 organisations ask European Parliament to reject fish accord
    04.12 - 2013 / 04.12 - 2013President of African Parliament calls on EU to respect Sahara rights
    02.12 - 2013 / 02.12 - 2013Greenpeace: EU parliament must vote no to Western Sahara fisheries
    18.11 - 2013 / 18.11 - 2013European Liberal Youth calls for no EU fishing in occupied Sahara
    15.11 - 2013 / 15.11 - 2013YEPP urges exclusion of Western Sahara from EU-Morocco trade deals






    EN  EN ES FR

    The EU considers to pay Morocco to fish in occupied Western Sahara. An EU-Morocco Fisheries Agreement from 2013 would be both politically controversial and in violation of international law. The international Fish Elsewhere! campaign demands the EU to avoid such unethical operations, and go fishing somewhere else. No fishing in Western Sahara should take place until the conflict is solved.
    عريضة لوقف النهب

    tn_4ar_510_lr_rgb_black.jpg

    يحضر الاتحاد الاوربي لإبرام اتفاق غير اخلاقي جديد للصيد البحري مع المغرب في سنة 2013.

    مرة اخرى، يعتزم الاتحاد الاوربي الصيد في المياه الاقليمية للصحراء الغربية المحتلة في خرق سافر للقانون الدولي. وقع هذه العريضة للتنديد بذلك.

    "EU fisheries in Western Sahara must be stopped"




    Western Sahara human rights activist Aminatou Haidar hopes for increased attention to the EU plundering of occupied Western Sahara.

    READ ALSO

    10.04 - 2012
    Guardian: EU taking its over-fishing habits to west African waters?
    15.12 - 2011
    EU Observer: Morocco expels EU fishing boats
    15.12 - 2011
    BBC News: Morocco's fish fight: High stakes over Western Sahara
    15.12 - 2011
    European Voice: MEPs reject EU-Morocco fisheries pact
    15.12 - 2011
    Reuters: EU lawmakers reject Morocco fisheries pact






    Human rights activist Malak Amidane denounces EU fisheries