The Hunt for Phosphate Shipments from the Western Sahara and the Curious Case of the NM Cherry Blossom – Whither State Immunity and Act of State?

2018 ◽  
Author(s):  
Tom Ruys
Keyword(s):  
Western Sahara ◽  
State Immunity ◽  
Cherry Blossom

THE ROLE OF STATE IMMUNITY AND ACT OF STATE IN THE NM CHERRY BLOSSOM CASE AND THE WESTERN SAHARA DISPUTE

2018 ◽  
Vol 68 (1) ◽  
pp. 67-90
Author(s):  
Tom Ruys
Keyword(s):  
South African ◽  
Democratic Republic ◽  
Legal Order ◽  
Western Sahara ◽  
State Immunity ◽  
Domestic Courts ◽  
International Legal Order ◽  
Cherry Blossom ◽  
Outer Bounds

AbstractIn early 2018, the Polisario Front and the Saharawi Arab Democratic Republic (SADR) obtained a favourable ruling from the South African Courts, granting the SADR ownership over a cargo of phosphate aboard the NM Cherry Blossom originating from a mine in the Moroccan-controlled part of the Western Sahara. Although hitherto largely unnoticed in legal circles, the Cherry Blossom case raises important questions concerning the outer bounds of State immunity and the scope of the act of State doctrine. In addition, the case holds potentially far-reaching ramifications for the international legal order if other domestic courts were to follow suit.

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