| Since the founding of the United Nations,it has successfully played the proper role in the international disputes,though sometimes failures remaining.It is obvious that each case has its own causes and ends.Yet,in order to explore the reasons why the UN resolutions,even officially passed,failed to reach the desired goals.This thesis aims to analyze the UN Resolutions to argue how to implement the international legal principles and resolutions in constructing world order and international governance.This study starts in 1991 when the UN 690 resolution unanimously passed to end the 16-year conflicts in Western Sahara,and then the study concludes in 2014 when the conflicting parties finally agreed to settle the issue of Western Sahara which had been so costly to the region and all parties involved.Due to the historical reasons,the continent of Africa was invaded,taken and explored as colonies since 1500.Over the past 4 centuries,Britain,France,German,Belgium and Portugal successively took the territories for their exclusive interests.But Spain was no exception.It took Sahara in the 19th century and then claimed it as its exclusive overseas province in 1958.Under the leadership of Polisario,the local people fought for independence and received the substantial support from its neighboring countries,such as Algeria,Morocco and Mauritania.In 1975,the Spanish authorities signed the treaty of Madrid,agreeing to retreat from Sahara next year.In the wake of this,Morocco and Mauritania signed the agreement to partition of Sahara between them,which was severely opposed by Algeria.The conflicts occurred from time to time until the UN and the AU stepped into the issue in 1979.From 1981-1984,the AU consistently pushed to accept Western Sahara as the formal member of the AU,yet Morocco withdrew in a protest.This thesis is the study of the failure in the long practice of the regional and international community.It argues that states and international organizations like the United Nations have become clear that the right to self-determination has progressed,it operates people's rights and promotes obligations of States of an international character.For that end,the involvement of the Organization of African Unity into finding a solution to the Western Sahara conflict,and the translation of this involvement at its nineteenth conference held in Addis Ababa in 1983,by recognizing the Sahrawi Arab Democratic Republic as a member,which led to the withdrawal of Morocco in 1984 from the AU,and then the United Nations involvement which is replacing the African Organization after ten years of perplexed conflict,and the lack of any political solution so far,raises several questions about how to deal with the issue of Western Sahara to self-determination internationally.Due to this,the research highlights the failure of the UN in resolving the conflict in Western Sahara territory and the consistency of its practices and resolutions implementation in dealing with this conflict within the Charter of the United Nations and the stipulations of international law.This is practically important in light of the considerable increase in non state armed groups especially Polisario front?SADR?during the decade and calls for a radical transformation in the international organization to play its role in the support of international peace settlement and stability.It also clarifies the implementations of permanent members of the Council in dealing with the Western Sahara impasse and understanding of the objectives of the use of resolutions to end this deadlock of Western Sahara.The study analyses the strong effect on the intervention of the Security Council and Organization of African Union in the increase and maintenance of the dispute towards the ineptitude of the Council to take any legal actions against the illegal involvement of external States taking place in the conflict and the Polisario Front?SADR?supported by them.It also argues the interests of foreign states involved in the Western Sahara conflict,and the new balance of supported powers imposed by the Arab and African alliance in the face of regional rivalry.Yet,the thesis explains the challenges and difficulties that the role of the United Nations Security Council has been facing since the conflict in Western Sahara territory transformed into an regional proxy war,in which several neighboring states around the Maghreb region,such as the Algeria,Mauritania and the African Union states,as well as the Polisario Front,used free force to reach their geopolitical outcomes.The circumstances in Western Sahara territory become to be recognized as the old dispute crisis after the Palestinian Israeli case,and various North African security experts consider it a suitable zone for the regional outbreak.From an international law perspective,the United Nations?UN?and the International Court of Justice finding in the Western Sahara conflict opened the door to arguments that imposed the UN pattern framing the rules on the possession of sovereignty over territory at the time.As the scholars in international law pointed out:the Kingdom of Morocco has been divided into three counter-narrative sections:?1?historical ties of sovereignty between Moroccan sultans and Saharan tribes;?2?treaties and colonial records recognizing Morocco's territorial integrity and its control over the Saharan provinces;and?3?Morocco's efforts to help liberate the southern provinces from Spanish colonial rule after 1956.By describing the issue as self-determination,the United Nations?UN?has stimulated the Polisario Front?SADR?and Algeria government to maintain subsidizing their effort in pursuing the understanding of this principle and simultaneously urged the Moroccan government to support insincerely to self-determination when in indeed Morocco has never truly accepted to it.The U.N.therefore has discouraged the involved parties to the dispute from seeking the feasibility of a peaceful resolution based on a diverse set of propositions and laws.As long as the diplomatic settlement process over the future of Western Sahara territory sustains puzzled with the responsibility under the U.N framework and implementation of U.N.resolution on the basis of the concept of self-determination.By removing institutional and bureaucratic impediments to the settlement process in resolving the Western Sahara conflict—impediments that the current U.N.approach has done a lot to secure the parties would be urged to consider in terms of find solutions to Western Sahara issues.If that approach succeeds,they would overcome the equation a significant encouragement for the political and diplomatic effect that has until now put off substantial progress.Indeed,such an approach holds out the possibility for progress in the resolution of other crises involving disputing claims of self-determination and sovereignty,including the Israeli-Palestinian dispute.Although international organizations have over the past sixty years worked as endless arguing communities concerning the acknowledged rights of the Palestinian people under international law,the basic weakness of the law regarding self-determination has to some extent prevent efforts to interpret main legal decisions into actual on-the-ground progress.Actually,the outcome has been the mismanage of several financial resources,institutional and efforts in support of diplomatic progress of action that is penetrating by the"process"and legal"principle"yet often short on the content and dynamism necessary to change theory into practice.The Self-determination approach has obtained the significant support of the US and French governments as a reliable resolution to ending the conflict,which has caused significant violation and instability to the Moroccan Sahrawi people within half of whom settled in Tindouf refugee camps in Algeria and has seriously interrupted efforts to enhance bilateral cooperation between Morocco and Algeria as both of them are challenging the rise of jihadists insurgency over the Sahara region.Therefore,the supporter states such as the US,France,and Spain are the key responsible for this Sahara impasse as they oversee it from a geopolitical perspective,mostly neglecting international laws,and hence keeping the status quo of Western Sahara unresolved profile.More specifically,the Polisario Front has currently won some judicial judgments such as the December 2016 Court of Justice of the European Union?CJEU?finding that any trade agreement between Morocco and the EU does not contain Western Sahara territory.This finding is not only a puff to Morocco's goal and economic relations with the EU,but also limits European benefits in Western Sahara until reaching a final resolution that keeps security and stability in the North African region.Yet,Western Sahara territory has become more essential to the US global strategy and presence in Northwest Africa.In these cases,the war of interests between foreign states will soon take place as a geopolitical contest.Due to the deficiency of the Polisario Front?SADR?,they are incapable to achieve any promising support of the UNSC permanent members.Accordingly,the Polisario Front?SADR?will be in a dilemma between back to war or continuing the diplomatic negotiations without any faith in finding a political resolution.Though France is fully against an independent in Western Sahara and will quest to veto any UN resolution that would go against its interests and those of its Moroccan ally.The section on the literature review investigates the relevant literature to examine the ineffectiveness and deficiency of the United Nations Security Council?UNSC?failure in resolving the conflict in Western Sahara territory.So far Morocco has the right to legalize Western Sahara according to the International Law,and the international involved actors will decide the possible mediation to resolve the lasting conflict of Western Sahara.These variables will be a highlight,in turn,linking to the theoretical implications found in the literature review.An argument has made concerning this unresolved territorial impasse,especially Western Sahara.Firstly the Organization of African Union recognized Western Sahara because Algeria supported and financed the recognition of?SADR?as a state on behalf of the Polisario group within Algeria.Another argument is based on the impact of the United Nations participation in implementing peaceful resolutions in the compatibility of its exercises with the framework of international law.And the third argument has been made on Algeria's advocated SADR's right to self-determination against the Kingdom of Morocco in order to procure natural resources in Western Sahara as well as get access to the Atlantic Ocean.Finally,the Moroccan government was not much dependable on OAU members to solve Western Sahara impasse as much as depending on its allies like the US,Europeans,and Gulf Arab Countries.In addition,In seeking to fill the gap made by an absence of a final peace settlement of this issue,the UN Security Council has been frequently calling upon the conflicting parties and neighboring countries to persist in working together extensively with the United Nations to end the current impasse and to reach progress through a political settlement.This doctoral thesis is divided into six chapters with a conclusion that summarizes the entire thesis.Chapter I gives a brief introduction to the research study and provides a literature review of the thesis references for deep discussion and analysis.It also shows the expectation is that conflicting parties of this Sahara conflict will maintain to pursue a negotiated settlement that can bring about a security and peace resolution.This dissertation grasps the uncharted subject of the UN failure in the Western Sahara issue and peace settlement relationship and also highlights locations that previous studies have ignored.This section also contains theoretical perspective and highlights on building a direct interaction which explains neglecting the implementation of UN resolutions in the concept of international law that affecting Western Sahara status as well as emphasizing and describing the important role of Polisario Front in shaping and influencing Moroccan foreign policy outcomes over Western Sahara.Chapter II discusses the historical analysis of Morocco and chronological Conflict events that appeared over Western Sahara started from the Spanish colonization of the territory to the stage of UN failure to implement a reliable and satisfactory resolution to both conflictual parties,Morocco and the Polisario.It also analyzes the involvement of the Algerian government in Morocco's domestic affairs by financing and supporting the Polisario Front?SADR?to claim Western Sahara as their independent state.Thus,it illustrates the disagreement between Morocco and Algeria because of urging Polisario's right to self-determination against the Kingdom of Morocco in order to procure natural resources in Western Sahara territory as well as get access to the Atlantic Ocean.Chapter III examines the key role of the United Nations?UN?and its settlementprocess over the disputed territory of Western Sahara.As a matter of fact,the research clarified that the impediments that faced the advancement of a negotiated resolution process to the conflict of Western Sahara and shed light on their consequences on the finality of the peace settlement initiated by the United Nations.Additionally,Through analysis,It also discusses the interests of regional and international involved countries in the conflict and opens up provocations that the role of the UN has been facing a new challenges in Western Sahara status,in which many actors around the world,such as France,US,Spain,Mauritania,Algeria,as well as non-state armed are engaged.Chapter IV shows a case study which is the key focus of the research thesis and tries to highlight the impact of UN failure in terms of peace development and the practices of the UN consistent with the International Law.The case analysis uses the example of UN failure in resolving the Western Sahara issue as an African problem.And also examines some of the UN Security Council resolutions ratified for the peace development in the Western Sahara territory from 1991 to 2013.This case also provides answers to the following questions of why and how the United Nations?UN?failed to make a peaceful settlement on the Western Sahara impasse,as well pointing out the review and dynamic UN Secretary-General reports by addressing the United Nations Security Council and International society to stop Algerian involvement in other countries'internal affairs notably Western Sahara territory.Chapter V examines the conceptualization influence of the International state's involvement in terms of conflict complexity and the possibility of settlement prediction over the Western Sahara dispute.More importantly,regional possibilities of peace in Western Sahara also show Algeria's motivation to backed the Polisario Front?SADR?for more than a decade,has a large share in the conflict.Chapter VI summarizes the entire study of this research thesis by reflecting on the findings and the analytical model itself.It also gives a short description and analysis of Morocco's and Algeria's rivalry not only in N.Africa but also across the Maghrib region.These outcomes give some reasonable recommendations for future research studies.Finally,as long as the Western Sahara impasse is unresolved,the United Nations?UN?will still continue and be seen as an initiative to the peace process due to its resolutions failure.As a matter of fact,The settlement of this conflict maintains existed to achieve in the context of an absence of trust between all the parties involved,directly or indirectly.Algeria will keep seeing itself as a major sponsor of the right of self-determination for the SADR group and practice this strategy as a tool to undermine Morocco on both sides:the African side and the Global side. |
PDF Full Text Request