Friday 30 October 2020

"The Orphan Protectorates" by Dr Karim Medjad [video]

 


Juris North Monthly Discussion


"The Orphan Protectorates"

by Dr Karim Medjad. 

Professor of International Law 

Former Senior Legal Expert in Bosnia and Herzegovina and Kosovo

Conservatoire National des Arts et Métiers – Lirsa, Paris, France. 

Wednesday 28th October 2020


Friday 30th October 2020
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World

Territorial disputes: Africa (Part 20) [Post 155]


 

Territorial disputes in Africa: Spain in Africa (cont.)

The previous post referred to individual territorial disputes between African and non-African parties and the case of the Glorioso Islands. Today we continue with the Spanish presence in African territory and another case.


Ceuta and Melilla


Both Morocco and Spain claim sovereignty over the five Territories of Ceuta, Melilla, Penon de Vélez de la Gomera, Penon de Alhucémas and the Chafarinas Islands in North Africa. The most important of these is Ceuta which is located at the eastern entrance to the Strait of Gibraltar.

Spain claims these territories on historical grounds: right of conquest and terra nullis principles; longevity of occupation; national security and the UN territorial integrity of the state principle. Spain stresses that the majority of residents there are Spanish and wish to remain under Spanish rule. Also treaties were signed by Morocco in relation to the Sovereign Territories.

Morocco argues that the: UN principles of decolonization must be applied; Spanish occupation obstructs the economic and political independence of the kingdom; the Spanish bases threaten Moroccan national security; and the UN territorial integrity principle applies. Morocco stresses that Spanish arguments for the recovery of the British Crown Colony of Gibraltar substantiate Morocco's to the Plazas. Fundamentally, territorial disputes in the region are the legacy of the historical geopolitical organization of the area. Because of Spanish control of the Sovereign Territories, since 1986 the EC has common boundaries with an Arab state. The Territories are also within the NATO defence area because of Spanish membership of the Alliance.

Though the Plazas are an integral part of the Spanish state, they are officially referred to as "North African Territories under Spanish Supervision", "Plazas de Soberania" (Sovereign Territories) and in everyday speech "Presidios". Spain acquired the Plazas in the following ways: Ceuta was ceded by Portugal, Melilla was seized by force, Vélez was occupied with reference to the Treaty of Tordesillas, Alhucémas was ceded by the Sultan, and the Chafarinas were peacefully occupied.

Today, the political nomenclature of these regions can be understood by the status of autonomous cities. While the Mediterranean Sea separates Spain from Ceuta and Melilla, both cities are considered self-governing regions of Spain, without belonging to any other autonomous community.

Ceuta is located 15 miles from mainland Spain while Melilla is further east and geographically much closer to Moroccan cities than Spanish ones. As both of these Spanish cities neighbor and border Moroccan territory, they demonstrate a unique linguistic situation. While Ceuta and Melilla have relatively similar populations, each at slightly over 70,000, they have very distinct situations. In Ceuta, 50% of the population is of Peninsular origin, while the other half comes from a Moroccan background. Bilingualism, however, only affects those of Moroccan descent. That is to say, those living in Ceuta who are of Peninsular origin remain monolingual Spanish speakers. Education is entirely in Spanish, and Arabic does not have any official status.

Meanwhile, Melilla is composed of a population representing 60% Peninsular origin and 40% Berber origin. The Berber language was the indigenous tongue of Morocco before the Arab conquest in Northern Africa toward the end of the seventh century, in 670. In contrast to Ceuta, Spanish is in contact more with Berber than with Arabic. Trilingualism, nevertheless, is common among those Berber descendants in Melilla who establish contact between the Spanish, Arabic and Berber languages. Similar to Ceuta, the Peninsular originating population remains monolingual, education is strictly in Spanish, and Berber does not have any official status.

Being on the frontline of arrivals to Europe, Spain has faced numerous complex challenges over the last three years, which have been accentuated by the fact that the borders of the autonomous cities of Melilla and Ceuta are the only land borders of the EU on the African continent.

Spain has experienced a sharp increase in the number of migrants and refugees arriving in the country over the last three years, with 16,263 arriving in 2015; 14,094 in 2016; and 28,346 in 2017. They came from different countries, including Syria, North African countries, in particular Morocco and Algeria, as well as conflict-torn sub-Saharan countries. Migrants and refugees have reached Spain primarily by arriving by land or sea at either of the two autonomous cities of Melilla and Ceuta located in Northern Africa, or arriving by sea to mainland Spain. In the first half of 2018, the number of arrivals reached a total of 20,218.

Boundary and Territory Briefing

The Relation between Spanish and Arabic

Information Document (Migration and Refgees)

NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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:

Territorial disputes in Africa: the historical claim (available online on Monday 16th November 2020)

Friday 30th October 2020
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World

Thursday 29 October 2020

Territorial disputes: Africa (Part 19) [Post 154]

 


Territorial disputes in Africa: Spain in Africa

The posts this week are introducing TERRITORIAL DISPUTES in Africa that have non-regional participants. We started with the French spread in the continents. We turn the attention to Spain now.


Islas Chafarinas (Chafarinas Islands)


The Chafarinas Islands consist of three small islets in the Alboran Sea, 3.3 kilometres from the Moroccan coastline and 45 kilometres to the east of Melilla. The three islets, Isla del Congreso, Isla de Isabel II and Isla del Rey, cover a total land area of 0.525 square kilometres. There is a small Spanish garrison stationed on Isabel II. Spain occupied the Charfarinas Islands in 1848, a few hours before a French expedition was due to land there. Spain considers that the islands were terrae nullius prior to their occupation.

 


The latest addition to the “system” of North African enclaves was the Chafarinas Islands (1848), which, like the other minor presidios, served as a military stronghold and place of confinement, while both the garrison and the penal detachment were set up on Isabel II Island. In addition to military men and prisoners, the various public works undertaken in Chafarinas attracted civilians, fishermen and traders.


The garrisons apparently are maintained as a matter of principle. The origins of Spanish sovereignty on Velez and Alhucemas date back to before the 1700's. Chafarinas became Spanish Juring the 1800's. If they were relinquished, a domino effect might be anticipated by the Spaniards with regard to Ceuta and Melilla. Therefore, at cost and inconvenience, the island enclaves are maintained.


In addition to the Spanish autonomous cities of Ceuta and Melilla, and the smaller presidios (Peñón de Vélez de la Gomera, Islas de Alhucemas, and Islas de Chafarinas), Spain continues to have educational and economic presence in North Africa, especially in northern Morocco. There are eleven Spanish educational centers in Morocco where 350 teachers instruct some 5000 students, according to the Spanish official curriculum, including an elementary school in El Aaiún in the Sahara. Nearly 75 percent of the students in these Spanish centers are Moroccan and students have access to Spanish universities for higher education (Ministerio de Asuntos Exteriores 2015). 


The total area of the enclaves is 14 square miles. By comparison, Gibraltar is only 2.4 square miles. Ceuta is about nine square miles. Melilla is four square miles. The others are less than one square mile total.


Chafarinas is the most populous enclave by far, exceeding 700 as opposed to approximately 400 in the others.


The Chafarinas Islands are the farthest enclave from the Spanish mainland at a distance of 90 nautical miles. A comparative distance is from San Francisco to Point Sur, Los Angeles to San Diego, or Baltimore to Philadelphia.
 
An Evaluation of Morocco’s Claim to Spain’s Remaining Territories in Africa


Morocco’s International Boundaries


Spain’s Colonial Language Policies in Northern Africa


Spain and Morocco: the Spanish Enclaves in North Africa


Boundaries in Time and Space: Spanish “Minor Sovereign Terirtories”

NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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:

Territorial disputes in Africa: Spain in Africa (cont.)

Thursday 29th October 2020
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World

Wednesday 28 October 2020

Territorial disputes: Africa (Part 18) [Post 153]

 


France in Africa


So far, the latest posts have introduced TERRITORIAL DISPUTES in Africa. We started yesterday with individual disputes between African and non-African parties and the case of Banc du Geyser. Today we continue with the French presence in African territory and another case.


Glorioso Islands


Brief historical account of the French presence in the area and ulterior territorial dispute:


2 Mar 1880: Settled and named by Frenchman Hippolyte Caltaux.


23 Aug 1892: Claimed for France, part of French Madagascar.


31 Oct 1897: Formally annexed to France, subject to Mayotte.


1907: French government ends the concession of Caltaux.


1907 – 1939: Islands entrusted to the Compagnie des Iles Malgaches.


1912 – 1960: Subject to Madagascar.


May 1945 – 1958: Returned to the Compagnie des Iles Malgaches.


1959: Permanent meteorological station established.


14 Jun 1960: French possession administered by the High Commissioner.


1975: Declared a wildlife reservation.


18 Jan 2005: Transferred to the administrators of French Southern and Antarctic Lands.


15 Mar 2007: Incorporated into the French Southern and Antarctic Lands.


 

The dispute


Madagascar and France are in dispute over the Glorioso Islands. Although Madagascar gained independence from France in 1960, and the Comoros


achieved independence in 1975, France retained control over a number of small island territories in the Mozambique Channel, namely Bassas da India, Europa Island, the Glorioso Islands and Juan de Nova Islands.


Small French garrisons maintain meteorological and radio stations on Europa Island, Glorioso and Juan de Nova Islands.


 

Madagascar claims sovereignty over the islands on the grounds of historic title and geographic proximity, and has sought support from the UN and the former Organization of Africa Unity (OAU).


France bases its claim on first discovery and its history of occupation and administration.


This conflict is motivated by economic interests rather then “sovereignty matter”, each State believing that having these islands will enable them to claim maritime spaces (as France did) such as the Territorial Sea (TS), ( Exclusive Economic Zone) EEZ and Continental Shelf (CS).


Note that the question of sovereignty disputes is not directly resolved by the Law of the Sea Convention (LOSC), but rather by international law.


 


The problems of drawing a maritime boundary in the Mozambique Channel are complicated by a number of factors:


  • First, the Channel is used by larger tankers sailing from the Persian Gulf to Europe and North America
  • Secondly, Madagascar has claimed the French islands of Glorioso, Europa Island, Bassas da India and Juan de Nova;
  • Thirdly, the decision of Mayotte to secede from the Comoros, because the citizens wished to preserve a special relationship with France, was unpopular with many African leaders;
  • Finally, some of the best fishing grounds are located between Madagascar and Mayotte.


 


French spread


The French Southern and Antarctic Territories (Terres australes et antarctiques françaises; TAAF) are a French overseas collectivity administered from Réunion Island.


The TAAF are made up of the following territories:


  • The southern islands, in the Indian Ocean:


  1. Two archipelagos in the southern Indian Ocean (Crozet and Kerguelen);
  2. Two volcanic islands (Amsterdam and Saint-Paul) in the southern Indian Ocean;


  • The Scattered Islands spread throughout the Indian Ocean: the Glorioso Islands, Juan de Nova, Bassas da India and Europa in the Mozambique Channel, and the Tromelin Island, north of Réunion.


  • And Adélie Land, the French claim on the Antarctic continent.


 


Apart from Adélie Land, all of these territories have a territorial sea and an exclusive economic zone.


TAAF is also a restricted area: a large nature reserve was established on the southern territories in 2006 and a marine park in the Glorioso archipelago in 2012 (43,614 km2).


 


 


Minor French Dependencies



 


Maritime Boundaries Delimitation, Management and Dispute Resolution (United Nations)



 


Overseas Countries and Territories: Environmental Profile




NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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:

Territorial disputes in Africa: Spain in Africa

Wednesday 28th October 2020
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World

Tuesday 27 October 2020

Territorial disputes: Africa (Part 17) [Post 152]

 


Territorial disputes in Africa: disputes between African and non-African parties


The posts will now introduce individual TERRITORIAL DISPUTES within Africa. The differences are divided into two categories:

  • First, the posts will introduce disputes between African and non-African parties.
  • Secondly, the review will centre on regional differences between African parties only.


Banc du Geyser

The Scattered Islands in the Indian Ocean (French: Îles Éparses or Îles Éparses de l'océan Indien) consist of four small coral islands, an atoll, and a reef in the Indian Ocean, and have constituted the 5th district of the French Southern and Antarctic Lands (TAAF) since February 2007. They have never had a permanent population. France and the Comoros view the Banc du Geyser as part of the Glorioso Islands.

France and the Comoros claim the Banc du Geyser as part of their exclusive economic zone (EEZ). The reef is also claimed by Madagascar. From the French point of view, it is part of the EEZ of Glorioso Islands, one of their scattered islands in the Indian Ocean. Madagascar announced its annexation in 1976.


In 2011, the Organization of Emerging African States (OEAS) published a Memorandum on the Admission of the United Micronations Multi-Oceanic Archipielago (UMMOA) in which the parties expressely considered the environmental importance and the disputed status of Banc du Geyser, Indian Ocean Island, which is claimed by France, Madagascar, the Comoros, and the UMMOA.

All of claiming parties, more than an ecological interest, seek economic gain that might come out of the soil exploitation, because there is talk of a possibility of nearby oil fields existence. The Union of the Comoros argues that it is located within the 200 miles of its exclusive economic zone (EEZ); while from the French point of view this reef is one of the Scattered Islands in the Indic Ocean belonging to the French Southern and Antarctic Lands district, which enlarges the French exclusive economic zone in the Indic Ocean.
Currently, there is no arbitration being done by any official organizations to settle the boundaries between the French ZEE, the Comoros Union or Madagascar in the region.

Îles Éparses de l’océan Indien


The World Factbook (pdf)

Scattered Islands in the Indian Ocean


UMMOA Memorandum (2011)

Submarine Biodiversity Richness


NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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:

Territorial disputes in Africa: France in Africa

Tuesday 27th October 2020
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World

Monday 26 October 2020

Territorial disputes: Africa (Part 16) [Post 151]

 


Territorial disputes in Africa: ongoing differences


The latest posts of the series TERRITORIAL DISPUTES centred on Africa and referred to their historical origins and current implications. Broadly, the United Kingdom, France and a few other non-regional powers divided the African continent following European understanding in law and politics (and, arguably, their own interests). A territory originally defined sociologically was apportioned following different criteria.

The posts will now introduce individual TERRITORIAL DISPUTES within Africa. The differences are divided into two categories:
  • First, the posts will introduce disputes between African and non-African parties.
  • Secondly, the review will centre on regional differences between African parties only.


2020 and they are still there


The times of colonialism and Empire are long gone. Or else? Surprisingly, there are still some TERRITORIAL DISPUTES in Africa that involve non-regional parties (European). Somehow, former colonial powers have still presence in Africa and dictate directly or indirectly the internal and international agenda in what geographically is a different continent, and legally and politically, a different entity.

Some of these cases have France (Banc du Geyser, Basas da India, Europa island, Juan de Nova island, Glorioso islands), Spain (Ceuta, islas Chafarinas, Melilla), and the United Kingdom (pervasive interference in many African regimes) acting in starring roles in these disputes.

From African territories completely controlled from Paris, Madrid and London to more subtle situations in which local groups are financed by the European capitals, the interference is still ongoing in many places doing very little to secure peace and legal, political, social and financial stability. It is not strange, therefore, that these central capitals label African counterparts as pseudo-states or failed states and continue with their interference under the umbrella of humanitarian intervention, humanitarian aid, and similar.

The next posts will introduce a sample of individual case studies in which non-regional parties are present.


For an up-to-date list of TERRITORIAL DISPUTES in Africa and more detailed information



NOTE:  

This post is based on Jorge Emilio Núñez, Territorial Disputes and State Sovereignty. International Law and Politics (Routledge 2020).
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:

Territorial disputes in Africa: disputes between African and non-African parties

Monday 26th October 2020
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World

Friday 23 October 2020

Entrevista para el Programa "Debate y Propuesta" (Argentina) [video]

 Territorial Disputes and State Sovereignty

International Law and Politics

By 

Jorge E. Núñez 




Entrevista para el Programa "Debate y Propuesta" (Argentina) conducido por Martin Sheridan respecto a mi más reciente obra "Territorial Disputes and State Sovereignty. International Law and Politics" (Routledge 2020) Página con detalles y entrevista completa próximamente a través del canal de Debate y Propuesta: https://www.youtube.com/c/DebateyProp... Viernes 23/10/2020


Disponible en:  


Routledge:


Amazon:


                

Friday 23rd October 2020
Dr Jorge Emilio Núñez
Twitter: @DrJorge_World
https://drjorge.world