“RECENT CRISIS WITH , 300 YEARS AFTER THE TREATY OF UTRECHT”

Alejandro del Valle Gálvez Córdoba, 27 November 2013

MARSAFENET Regional Strategies to Maritime Security: A comparative perspective

Gibraltar, the controversies 1713-2013

“THE ANGLO-SPANISH DISPUTE OVER GIBRALTAR”

Images of Gibraltar, the Bay of Gibraltar and the UK Military & Intelligence Bases- Strategic importance of Gibraltar “THE ANGLO-SPANISH DISPUTE OVER GIBRALTAR”

Images of Gibraltar, the Bay of Gibraltar and the Strait of Gibraltar

THE ANGLO-SPANISH DISPUTE OVER GIBRALTAR Images of Gibraltar, the Bay of Gibraltar and the Strait of Gibraltar

VALIDITIY OF THE TREAY OF UTRECHT OF 1713 IN 2013

The Treaty of Utrecht -Article X

The Catholic King does hereby, for himself, his heirs and successors, yield to the Crown of Great Britain the full and entire propriety of the town and castle of Gibraltar, together with the port, fortifications, and forts thereunto belonging; and he gives up the said propriety to be held and enjoyed absolutely with all manner of right for ever, without any exception or impediment whatsoever.

But that abuses and frauds may be avoided by importing any kind of goods, the Catholic King wills, and takes it to be understood, that the above-named propriety be yielded to Great Britain without any territorial jurisdiction and without any open communication by land with the country round about.

Yet whereas the communication by sea with the coast of may not at all times be safe or open, and thereby it may happen that the garrison and other inhabitants of Gibraltar may be brought to great straits; and as it is the intention of the Catholic King, only that fraudulent importations of goods should, as is above said, be hindered by an inland communications. it is therefore provided that in such cases it may be lawful to purchase, for ready money, in the neighbouring territories of Spain, provisions and other things necessary for the use of the garrison, the inhabitants, and the ships which lie in the harbour.

“THE ANGLO-SPANISH DISPUTE OVER GIBRALTAR”

But if any goods be found imported by Gibraltar, either by way of barter for purchasing provisions, or under any other pretence, the same shall be confiscated, and complaint being made thereof, those persons who have acted contrary to the faith of this treaty, shall be severely punished.

And Her Britannic Majesty, at the request of the Catholic King, does consent and agree, that no leave shall be given under any pretence whatsoever, either to Jews or , to reside or have their dwellings in the said town of Gibraltar; and that no refuge or shelter shall be allowed to any Moorish ships of war in the harbour of the said town, whereby the communication between Spain and may be obstructed, or the coasts of Spain be infested by the excursions of the Moors.

But whereas treaties of friendship and a liberty and intercourse of commerce are between the British and certain territories situated on the coast of Africa, it is always to be understood, that the British subjects cannot refuse the Moors and their ships entry into the purely upon the account of merchandising. Her Majesty the Queen of Great Britain does further promise, that the free exercise of their religion shall be indulged to the Roman Catholic inhabitants of the aforesaid town.

And in case it shall hereafter seem meet to the Crown of Great Britain to grant , sell or by any means to alienate therefrom the propriety of the said town of Gibraltar, it is hereby agreed and concluded that the preference of having the sale shall always be given to the Crown of Spain before any others. “THE ANGLO-SPANISH DISPUTE OVER GIBRALTAR” Legal aspects of the dispute : The dispute over the isthmus Gibraltar – The expansion of Gibraltar Maps Maps of de Isthmus and the Fence / Frontier The RAF Airport in the Isthmus THE WATERS SURROUNDING THE ROCK Admiralty Chart 1448 – Gibraltar Bay: International Maritime Boundary NEW ENVIRONMENTAL PROTECTION PROBLEMS Site of Community Importance (SCI) 2006 (Southern Waters) and 2008 (Estrecho Oriental) Legal Aspects: àStatus within the European Union à THE LEGAL FRAMEWORKS OF THE CONTROVERSY

** The Treaty of Utrecht

**The United Nations and the decolonization of Gibraltar. UN Resolutions on Gibraltar, 1964-2012 Negotiations Spain-UK, 1966-1969

Negotiations between Spain and UK 1980-2002

(Gentlemen’s Agreements-Soft Law)

à Lisbon Declaration 1980 à Brussels Declaration 1984 à Airport Agreement 1987 à Shared , 2001-2002

à Trilateral Forum of Dialogue on Gibraltar, 2004-20012

THE QUESTIONING OF THE MULTILATERAL AND BILATERAL FRAMEWORKS

**UN DECOLONIZATION DOCTRINE

**BRUSSELS PROCESS

**THE FORUM OF DIALOGUE

à THE QUESTIONING OF THE DEMOCRATIC SPAIN’S MAIN LINES OF ACTION:

*BILATERAL NEGOTIATION WITHIN THE UN FRAMEWORK *POLICIES OF NORMALIZED CO-EXISTENCE WITH THE SPAIN’S OPTIONS

Possible Solutions after the 300 years Dispute.

1.- Reactivation of the Brussels Process and the Forum of Dialogue – a kind of new format for negotiations

2.- Judicial solution – ICJ – The need of a previous agreement

3.- Political imaginative solution (Monaco, Andorra…) à Wishes of Gibraltar during the negotiations (veto?) à UN Doctrine of Self Determination- De-listing à Spain’s internal and external risks of a final international solution à Difficulties: Essential interests and Red Lines à * Military and Security UK insterests à * Recovery of the Spanish Sovereignty over Gibraltar à * Gibraltarians interests and aspirations

4. Low-Profile reclamation based on the UN doctrine + a restrictive application of the Treaty of Utrecht

Possibilities – July-August 2013 crisis- all-out offensive?

¿ Gibraltar = the Rock?

A reformulation of the “Costa Seca” doctrine “THE ANGLO-SPANISH DISPUTE OVER GIBRALTAR” Legal aspects of the dispute. The Spanish traditional position

Map of Gibraltar – MAEC (Spanish Ministry of Foreign Affairs) British position LETTER JACK STRAW

Gibraltar position Gibraltar Constitutions 1969, 2007

OVERLAPPING OF SCI-Sites of Community Importance 2006 -Southern Waters) and 2008 (Estrecho Oriental) FISHERIES PROBLEMS FISHERIES PROBLEMS The Sinking of an artificial reef

Map of Gibraltar by Luis Bravo de Acuña. 1627

SOME CONCLUSIONS **** 2013, the end of a time- critical moment of general deadlock in negotiation processes: open questioning of the legal and political channels for resolving the controversy : multilateral, bilateral, cross-border cooperation

*** Impasse of the UN decolonization formula to find a solution

*** Open real options: --- New decolonization approach to Gibraltar – developments of the self determination principle disregarding the UN Gibraltar doctrine --- Spanish restrictive and low-profile reclamation, not seeking for a real and final solution --- Negotiation of a definitive international new status for Gibraltar

+++++++++++++ Thank you! +++++++++

❂ INGLÉS ❂ On 27 October 2004, the British and Spanish Foreign Ministers, Jack Straw and Miguel Angel Moratinos, made a joint statement in Madrid, on which the Chief Minister of Gibraltar, Peter Caruana, had been consulted and has separately expressed his agreement. Accordingly, and without prejudice to their respective positions, the Governments of the United Kingdom, the Kingdom of Spain, and Gibraltar now confirm the establishment of a new three-sided forum for dialogue on Gibraltar, separate from the Brussels Process. ❂ The modalities of this forum will be as follows: ❂ Dialogue will be on an open agenda basis, and therefore any of the participants may raise any issue relating to or affecting Gibraltar. ❂ Without prejudice to their constitutional status (including the fact that Gibraltar is not a sovereign independent state), each of the three parties will have its own, separate voice and each will participate on the same basis. ❂ All three participants must agree any decisions or agreements reached within the forum. If the three parties wish to take a decision on an issue in the forum where formal agreement would properly be between the UK and Spain, it is understood that the UK will not agree thereto without the 's consent. ❂ The forum shall be convened with the three parties at ministerial level at least once every 12 months. Other meetings of the forum shall take place at a time and level agreed by the three participants. ❂ The forum may create working groups as necessary to address specific issues. ❂ The forum will, in their deliberations, take account of the activity of the 'Comision mixta de Cooperacion y Colaboracion' established on 18 November 2004 between the Mancommunidad de Municipios de la Comarca del and the Government of Gibraltar, to ensure co-ordination between the work of the forum and the Comision mixta. ❂ Accordingly, through this forum of dialogue and by these modalities, the parties shall endeavour to create a constructive atmosphere of mutual confidence and co-operation for the benefit and prosperity of Gibraltar and the whole region, in particular the Campo de Gibraltar. ❂ Finally, and in order to preserve the viability of this process for all the parties, they will refrain from making public statements which distort or misrepresent the basis, purpose or modalities of this forum as set out in this statement.