Ion GÂLEA, Law of Treaties in the Recent Case-Law of European Court of Justice: the Frente Polisario Case, Interpretation and Territorial Application of Treaties

Abstract: This study proposes an analysis of the international law issues analysed in the recent case Frente Polisario c. Council of the European Union, ruled by the General Court of the European Union and by the European Court of Justice. The case reveals important questions related to territorial application of a treaty concluded with a State that has unsolved territorial issues. The judgments of the General Court and of the European Court of Justice outline mainly that: interpretation is the most correct solution to difficult issues; from the legal point of view, special clauses or special notifications in case of agreements concluded with States with unsolved territorial issues are not necessary. Practically, the European Court of Justice acted similarly to a “constitutional court”, correcting the wrongful practice of the European Institutions by way of interpretation.

Key words: European Court of Justice, interpretation in international law, Western Sahara, non‑recognized territorial modifications 

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