Sahara, Mont Tropic, FIR: the new power dynamics between Rabat and Madrid

This reading of maritime law resonates as a victory for Moroccan diplomacy. The Kingdom set out its maritime domain in 2020 with laws 37-17 and 38-17, extending jurisdiction over the waters of its Southern provinces. International experts — including those in neighboring Spain, as highlighted by Atalayar media —acknowledge the strength of Rabat's arguments.

The maritime boundary "in fact" rather than "in law" currently separates the Canary Islands from the African continent — inherited from ancient practice rather than a formal agreement — does not withstand analysis under the United Nations Convention on the Law of the Sea (UNCLOS).

The end of the automatic median line

The heart of the legal debate lies in the methodology of delimitation. For decades, one interpretation sought to impose the idea of a strict median line, drawn equidistant between the Canary Islands and the Moroccan coast. That approach is now legally outdated. Contemporary international law, backed by jurisprudence, enshrines the "principle of equity" when particular geographical circumstances demand it.

Morocco advances an irrefutable argument: a major geomorphological asymmetry between the two sides. On one hand, the Kingdom boasts a continuous continental shelf stretching more than 3,500 kilometers; on the other, Spain holds an archipelago that, under UNCLOS, does not qualify as an "archipelagic state". Applying mechanical equidistance would equate the legal weight of a few islands with that of an entire continent, creating a disproportionate distortion to Morocco’s detriment.

This geographical and ecological continuity is formally recognized by international bodies. The UN Food and Agriculture Organization (FAO) classifies fishing zone 34.1.1 as “Moroccan coast,” a stretch running uninterrupted from Tangier to Cape Boujdour. That technical reality reinforces Rabat’s political position: the Kingdom’s territorial integrity does not fragment at sea.

Mount Tropic: cooperation forced by geology

Beyond the surface, the stakes crystallize around the deep seabed. The focus is Mount Tropic. Current technology makes exploitation unlikely for two or three decades. This underwater volcano lies about 1,000 meters deep, with deposits plunging to 4,000 meters. It has drawn interest for reserves of tellurium and cobalt — minerals critical to the global energy transition.

However, the geographical position of this underwater mount imposes a reality Madrid cannot ignore. It lies beyond 200 nautical miles. The area is a convergence zone where both countries' claims to extend the continental shelf overlap. Mount Tropic cannot be unilaterally appropriated.

International law, through Article 83.3 of the Montego Bay Convention, offers a way out. It allows the creation of a Joint Development Zone (JDZ). The framework freezes the sovereignty dispute over the seabed and permits shared exploration and exploitation.

For Spain, which filed a request to extend its continental shelf to the UN Commission in 2014, agreement with Morocco is vital. Without an accord, Moroccan objections are enough to block the examination of the Spanish dossier in New York. The key to Tropic's treasure lies as much in Rabat as in Madrid.

Airspace: sovereignty cannot be divided

The other major issue, often treated with excessive diplomatic caution, is the airspace above the Sahara. For technical reasons, management of this Flight Information Region (FIR) was historically handled from the Canary Islands control center. That anomaly is now set to disappear.

UN Security Council Resolution 2797 has changed the landscape. By endorsing the autonomy plan as the only credible solution and recognizing Morocco's sovereignty dynamic, the UN provides a legal basis for transferring responsibilities. Morocco already exercises full airport sovereignty on the ground, managing civilian and military traffic from the airports of Laâyoune and Dakhla. It is now entitled to regain control of its airspace.

It is no longer a question of whether this transfer will happen, but how. Experts call for a technical roadmap to guarantee an orderly transition. The process should follow ICAO (International Civil Aviation Organization) standards, finally aligning the aeronautical map with the Kingdom's political map.

This interpretation of the law outlines the contours of a future comprehensive agreement. Morocco is not a petitioner but an indispensable partner with inalienable rights. By integrating these maritime and aerial issues into the Royal Atlantic Vision — backed by projects such as the Dakhla Atlantic port and the Nigeria-Morocco Gas Pipeline — the Kingdom secures the status of an emerging maritime power.

For Spain, accepting maritime equity and the transfer of air management is not a loss but a gain in legal security. It is the sine qua non condition for ensuring the stability of the Canary Islands and their integration into Africa’s economic dynamic. By endorsing Moroccan theses, Spanish analysts send a clear message to their leaders: on the Atlantic front, security and prosperity now hinge on full recognition of Morocco's sovereignty.