THE RIGHT TO SELF-DETERMINATION: THE CASE OF WESTERN SAHARA

This thesis focuses on the right to self-determination of peoples in international law and focuses specifically on the Western Sahara issue. Western Sahara is still regarded, by the UN, as a Non-Self- Governing Territory and, still nowadays, it remains one of the most controversial issues in international law. Firstly, this thesis will analyze the right of self-determination of peoples by discussing its historical background, its legal development and its application. Secondly, the focus will be put on the African Union and the African Charter on Human and Peoples’ Rights, especially on the African Court of Human Rights. Subsequently, the thesis will discuss in detail the Western Sahara issue, starting from the historical backgrounds and going through the Spanish colonization, Morocco’s occupation and the birth of the Polisario Front; it will also discuss the main international positions on the Western Sahara question. In conclusion, the last chapter will be focused on the case of the African Court of Human Rights dealing with the Western Sahara issue: Judgement 22 Sept 2022, Bernard Anbataayela Mornah v. 8 African States friends of Morocco.