Implicit Consent to Treaties and Self-determination: Brief Remarks on the Judgment of the Court of Justice of the European Union of 4 October 2024 Commission/Front Polisario
Implicit Consent to Treaties and Self-determination: Brief Remarks on the Judgment of the Court of Justice of the European Union of 4 October 2024 Commission/Front Polisario

Summary/Abstract: The article presents the most important considerations of the judgments of the Court of Justice of the European Union of 4 October 2024 in the cases Commission/Front Polisario (C-778/21P, C-798/21P and C-779/21P, C-799/21P). It examines in particular the interpretation given by the Court of the distinction between conferring a right and imposing an obligation, by a treaty, to a third party. Moreover, it analyses the consequences of the right to self-determination and of the permanent sovereignty over natural resources of a non-self-governing territory on the issue of consent of a people for an agreement to be applied on the territory at issue. Thus, the study follows the very detailed interpretation by the Court of Justice of the customary international law, in order to identify the conditions needed for the consent of a people to be presumed.

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