IL REGIME GIURIDICO DELLO SPAZIO AEREO SOPRA IL TERRITORO OCCUPATO DEL SAHARA OCCIDENTALE

In 2022, Spain and Morocco signed a joint declaration, marking a new stage in their partnership. However, the declaration raised concerns about how the two countries would manage their national airspace. As is often the case in such situations, Morocco’s ambiguous agreements with other countries have raised questions about their applicability to Western Sahara. The UN recognises the territory as non-self-governing, and Morocco has occupied 80% of it since 1975. According to press reports, subsequent negotiations between the two countries addressed the delegation of responsibility for air traffic services over the occupied territory from Spain to Morocco. This article analyses whether such a delegation, involving the management of air traffic services over the airspace of a non-self-governing territory under foreign occupation whose people have the right to self-determination, complies with Spain’s and Morocco’s international obligations. It also examines the Polisario Front’s position as the legitimate representative of the Sahrawi people.