In the context of the advisory opinion of the International Court of Justice, at the request of the United Nations General Assembly, it was unanimously declared that Western Sahara was not a land without a master (terra nullius) during the colonization by Spain.
This 1975 argument is based on the fact that the colonization began in 1884, which is the year of the proclamation of the protectorate over Rio de Oro.
Apart from the transference or the succession, as far as the law is concerned, the occupation constitutes a valid implement only if the specific territory is Terra nullius.
Therefore, it is quite clear that the occupation could not lead to domination, but only through agreements with the local leaders.
These rules and conditions are important, because they indicate clearly that the population was present in the region prior to the Spanish occupation.
Even the nomads of the desert have rights against this colonization, and this can not be considered an occasional detail.
Therefore, the importance of the Terra nullius status denial becames enhanced, because we often have totally inconsistent assertions regarding the desert, due to the geopolitical issues, which don’t take into account the presence of people.
Because the region constitutes a game in a conflict which doesn’t merely concern the desert, but the access to the sea as well.
Indeed, even if the above factor hasn’t been pointed out in the past, the bare fact remains present.