Morocco and Spain to Negotiate Territorial Waters Dispute in Sahara Region

Morocco has adopted two laws in 2020 to delimit its territorial waters, encroaching, according to Spain, on those of the Canary Islands. These laws have not been implemented so far, due to the lack of implementing decrees. For its part, Spain has assured that negotiations have been initiated with the Moroccan authorities to amicably resolve this dispute, on the basis of international maritime law, as reported by Europa Press.

In the joint declaration that sanctioned the meeting between Sanchez and King Mohammed VI, it was agreed that "the working group on the delimitation of maritime spaces on the Atlantic facade will be reactivated with a view to achieving concrete progress". Foreign Minister José Manuel Albares has assured this week that the Canarian authorities will take part in these meetings, even if the issue of border delimitation is the exclusive prerogative of the government.

However, the waters of the Sahara will not be addressed during these proceedings. "Spain cannot negotiate a treaty with Morocco that includes the territorial waters of the Sahara, as this would violate international law, since it is a non-self-governing territory," warns Juan Francisto Soroeta, professor of public international law and international relations, stressing that Spain’s support for Morocco’s autonomy plan for the Sahara "has no legal consequences".

If Spain manages to reach an agreement with Morocco on the waters of the Sahara, it "would be prosecuted in international courts," the expert insists. Moreover, the oil exploration in Tarfaya, near the Canary Islands, has entered the debate on the delimitation of territorial waters. Minister Albares said he is closely monitoring this exploration and will ensure that it does not affect the Canary Islands.