permanent sovereignty over natural resources. This principle entails the obligation that economic activities related to the NSGT should be carried out in accordance with both the wishes and the interests of its people. The EU legal opinions, though arguing that rules of international law should be respected also by the EC when exercising its powers in place of its member states, enact a very narrow reading of the right of the people of Western Sahara and of the corresponding obligations of third parties, identifying Morocco as the main bearer of obligations towards the Western Sahara people and stating that it cannot be presumed that Morocco will not comply with them. According to Milano, since fishing is carried out by European vessels and since the Community has an active role in allowing this economic activity, by directly asking Morocco the issuance of licenses, the EU is directly bound to respect its international obligations owed to the people of that territory, when entering into a fishing agreement extending to a NSGT. To be valid according to the principle of permanent sovereignty over natural resources, therefore, the agreement should be conducted for the interest of the local (Saharawi) people and according to their wishes, as expressed by their legitimate representatives (the Polisario and the SADR government). This was also the opinion of Sweden during the EU Council vote. Lacking this element, the FPA cannot be considered valid for what concerns the territory of Western Sahara. Consequences For the reasons above, Milano finds that "the FPA may be found invalid to the extent that it intends to create international rights concerning the use of fisheries in the Western Sahara's waters". This would imply that the EU cannot rely on the FPA to request the issuing of fishing licenses for Western Saharan waters, that Morocco cannot oppose it to the EU to complain about fishing conducts in Western Saharan waters, and that the EU cannot oppose the FPA as binding to a future Western Saharan administration. Applicability of the duty of non-recognition The FPA has been challenged by legal scholars also concerning a possible breach by the European Union of the duty of non-recognition of situations resulting from a serious violation of peremptory norms of international law. For what concerns whether the duty of non-recognition is binding also upon international organisations, these are bound as much as States are, to respect such a duty of