Territorial disputes: Gibraltar
A
long-standing TERRITORIAL DISPUTE is the case of Gibraltar. Different from the
previous cases considered by this blog series, Gibraltar has already taken the
first steps for what may be a future joint solution.
In today’s post, a very
brief introduction of the history behind the dispute. As with the previously
reviewed TERRITORIAL DISPUTES, the following posts will introduce: different
academic and non-academic views; the current situation; the views of the
inhabitants (because in any case they are the ones who will live the
consequences of any decision); coverage by the media including all parties in
the dispute; the ideal methodology to solve the difference (what I call
Egalitarian Shared Sovereignty); its application to some controversial
elements; and some conclusive remarks.
Gibraltar,
prior to modernity, was occupied by the Spaniards, Arab and Muslim Kingdoms and
some other cultures. It is in 1713, after a war between Britain and Spain, that
Spain ceded Gibraltar in perpetuity to the United Kingdom under the Treaty of
Utrecht. However, after this agreement the dispute about the peninsula has
continued, with Spain claiming sovereign rights.
The Gibraltarians rejected
Spanish sovereignty in referendums twice (1967 and 2002). In the last
referendum, the Gibraltarians rejected shared sovereignty between the United
Kingdom and Spain. However, shared sovereignty in this case did not consider
the Gibraltarians in the negotiations.
Currently,
and under the Gibraltar Constitution Order (2006), Gibraltar remains part of
the United Kingdom’s dominions. It is important to make clear the British
government cannot enter into arrangements with other States in relation to the
sovereignty of Gibraltar against the Gibraltarians’ wishes.
The Constitution
recognizes the right to self-determination. Although Gibraltar is in charge of
its internal affairs, the United Kingdom deals with foreign affairs and defense.
In relation to Spain, a trilateral process of dialogue started in 2004 allowing
finally the principle of “two flags, three voices.”
To
the reader, following two of our previous posts of this series about
TERRITORIAL DISPUTES:
- What are the issues at stakes in this a territorial dispute?
- Which remedy could be used to solve this particular territorial dispute?
For
reference to these questions see:
POST
9: Territorial disputes: issues at stake
POST
10: Territorial disputes: remedies
NOTE:
This post is based on Jorge Emilio Núñez, “Territorial Disputes and State
Sovereignty: International Law and Politics,” London and New York: Routledge,
Taylor and Francis Group, 2020 (forthcoming)
Previous
published research monograph about territorial disputes and sovereignty by the
author, Jorge Emilio Núñez, “Sovereignty Conflicts and International Law and
Politics: A Distributive Justice Issue,” London and New York: Routledge, Taylor
and Francis Group, 2017.
NEXT
POST: Gibraltar and the many views
Monday 04th November 2019
Dr Jorge Emilio Núñez
Twitter: @London1701
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