In 2006, the EU fisheries commissioner used the 2002 UN legal opinion on natural resources in Western Sahara to legitimise an illegal fisheries agreement. The author of the legal opinion says Borg must have been "ill advised". See Borg's bizarre reading of the UN text.
Former UN Under-Secretary General for Legal Affairs, Mr. Hans Corell, at a legal conference in South Africa in December 2008,
strongly critizised of the EU fisheries partnership agreement with Morocco, which lets European vessels fish in occupied Western Sahara in violation of international law.
He particularly made reference to a statement from the EU fisheries commissioner Joe Borg, in which Corell's 2002
legal opinion was used to legitimise the unetchical agreement.
"According to an article in EU observer on 9 March 2006 under the title "Commission under fire over Morocco fisheries agreement", EU fisheries commissioner Joe Borg has stated that Morocco is the de facto administrator of Western Sahara and that therefore (my emphasis) the Commission proposal is in conformity with the legal opinion of the United Nations issued in January 2002. See http://euobserver.com/9/21092. If this reference is correct, I am afraid that Commissioner Borg has been ill advised."
This is Borg's bizarre quote: "Morocco is the de facto administrator of Western Sahara. So, the Commission proposal is in conformity with the legal opinion of the United Nations issued in January 2002," he said.
The statement can be seen on the site of
EU Observer here [or
download].
There is nothing under international law called 'de facto administrator'. There is nothing in the UN legal opinin refering to Morocco as anthing close to being an adminstering power. The UN document explicitly states that Morocco is not.