non-recognition, and the European Court of Justice has recognised that the Community is bound to respect customary international law. Moreover, even if member states have no subsidiary responsibility for the action of and international organisation with its area of exclusive competence, they do have a separate responsibility for breach of obligation incumbent upon them when acting within intergovernmental bodies, in terms of their individual conduct at the time of voting. In the case of the FPA any good faith exemption would be rejected due to the clear unwillingness by the EU institutions to exclude explicitly Western Sahara from the geographical scope of the agreement. For what concerns whether the duty of non-recognition applies to Morocco's de facto administration of Western Sahara, such a duty holds for situations of e.g. attempted acquisition of sovereignty over territory through the denial of the right of self-determination of peoples, and includes treaty relations between third states and countries purporting to act on behalf of or concerning the occupied or annexing territory. Moreover, the duty of non-recognition arises independently from the action of the UN Security Council, so that any third party has to make its own assessment about it. According to Enrico Milano, if the FPA was to be extended in practice to the waters of Western Sahara, the EC action may also be found in violation of its obligation of non-recognition. The extension of the FPA's territorial scope to Western Sahara represents an act of implied recognition by the Union of an unlawful territorial situation representing a continuing violation of ius cogens norms since over thirty years. EC practices necessary to ensure the legality of its conduct under international law In the Ali Yusuf case, the ECJ uphold that EU Law should be interpreted, and eventually limited in its scope, in the light of the relevant rules of international law. According to Enrico Milano, in order to remain in compliance with international law, the FPA should be limited to the territorial waters of Morocco proper, excluding Western Sahara, as already upheld by the Commission previously, in 1988: "the extent of these waters must be determined in accordance with international law". At the end, it is up to the EU not to seek licenses from Morocco for fishing in Western Sahara's waters. Notes and references See also Morocco–European Union relations External links Text of the 2006 EU-Moroccan Fisheries Partnership Agreement Enrico Milano, "The new