On 26 February 1976, Spain informed the Secretary-General that, at that time, it had ceased its presence in Western Sahara and had renounced its responsibilities in the region, so that it was in fact under the display of Morocco and Mauritania in their respective areas of control. Following the withdrawal of Mauritania from the territory in 1979 and the conclusion of the Mauritano-Sahraoui Agreement of 19 August 1979 (S/13503, annex I), Morocco managed the territory of Western Sahara alone. However, Morocco is not on the list of Non-Self-Governing Territories of the United Nations as the administering Power of the Territory and has therefore not communicated information on the Territory under Article 73 e of the Charter of the United Nations”< Thompson and Adloff (z.B. p. 132-134, 164-167) that the Green March and the increasingly heated rhetorical exchanges between Madrid and Rabat had convinced Spain that Morocco was ready to bring the territory into war; A memorandum from the U.S. Central Intelligence Agency to Henry Kissinger explained this in early October 1975.  As Spanish leader Francisco Franco died (he had fallen into a coma and died on November 20), the government strove to avoid conflict and decided to divide the territory in order to gain the greatest possible influence and economic benefits. Are there any precedents for damages due to the state of emergency? This is a constitutional measure that allows the government to take exceptional measures to deal with serious disturbances of normality, such as. B a health crisis. The government can use the necessary executive powers of the state to deal with the crisis (including the powers of regional or local authorities) and take action without the need for formal legislation. These measures are defined in the Royal Decree declaring a state of emergency and the related decrees.
In the case of the COVID 19 pandemic, the state of emergency and related measures were declared by Spanish Royal Decree 463/2020 of 14 March 2020, which entered into force on the same day. The legislation on the state of emergency (Spanish Organic Law 4/1981) expressly stipulates (Article 3.2) that the person who is “directly” injured is entitled to compensation “as a result of the application of the acts and decisions taken”, as long as it lasts, for situations that are not attributable to him. Fundamental rights cannot be abrogated in a state of emergency (other than in more serious states of emergency and siege). This means that the measures taken by the government, while restrictive, must respect the “essential core” of fundamental rights. The United Nations considers Western Sahara a non-sovereign territory and expects formal decolonization. It acknowledges that Morocco currently manages much of it de facto, but neither the General Assembly nor any other UN body has ever recognised it as a sovereignty. In a 2002 letter from the Secretary-General for Legal Affairs and Legal Counsel of the United Nations, Hans Corell, in which he delivered an opinion on the legality of the measures taken by the Moroccan authorities when signing contracts for the exploration of mineral resources in Western Sahara, he stated: The terms of each agreement must in any event be reviewed. in the event that there are special provisions concerning the circumstances which may entitle the holder to compensation (if such circumstances are to be extended or restricted). .