Boundaries: The Disputed Territory of Gibraltar

Ownership of the territory of Gibraltar has been in dispute for hundreds of years. The territory was captured in 1704 by an Anglo-Dutch force during the War of Spanish Succession. The area was permanently given to Britain in 1713 based on the Treaty of Utrecht. Since that time, Spain on three occasions has attempted to recapture the territory of Gibraltar by force. They were never successful. Spain holds a claim over the area, but Gibraltar remains a British territory. In 1967, and again in 2002, referendums were conducted that provided the residents of Gibraltar an opportunity to vote to return to Spanish control. Each time, over 95 percent of the residents voted to remain a British Territory.

Gibraltar and European Union (EU)

Gibraltar is designated as a territory under British sovereignty. Any foreign relations involving Gibraltar is done by the United Kingdom. Gibraltar is considered a European territory with external relations conducted by an EU member state. This is the United Kingdom. The European Court of Justice has designated Gibraltar as a colony. As a result, Gibraltar is excluded from compulsory VAT (value-added tax) collection, requirements of the Customs Union as well as Common Commercial Policy. Gibraltar also does not have to worry about the Common Fisheries Policy as well as the Common Agricultural Policy and more.

British Interest

Gibraltar is very lucrative for the United Kingdom. It is not part of a customs union. This means the citizens of Gibraltar can set their own taxes as well as tariffs on goods imported from outside the European Union. Gibraltar has taken advantage of this situation by setting their taxes low. It is also a major supplier of online gambling. The climate of Gibraltar is mild and Mediterranean. Gibraltar is a place where many British citizens go for vacation as well as retire. It is also a strategic location. Gibraltar is located less than 14 miles from the northern coast of Africa. The United Kingdom has a military base there with an airstrip and a deepwater port. Gibraltar’s location provides excellent access to commercial shipping as well as providing important transportation for the United Kingdom’s military and more.

Spain’s Interest

Spain refuses to accept the United Kingdom has sovereignty over Gibraltar. Spain acknowledges Gibraltar’s strategic and economic benefits. It also believes the area’s historic ties with Spain needs to be recognized. Spain always mentions how Gibraltar was part of the Kingdom of Castile from 1492 until the Treaty of Utrecht in 1714. Prior to that time, the area was part of Moorish Spain. It believes the War of Spanish Succession was an internal dispute. They consider British citizens of Gibraltar as colonial settlers. Until 1980, Spain demanded Britain return the territory to Spain. Since this time, Spain tried to obtain joint sovereignty with the United Kingdom. This proposal has always been rejected.

Lisbon Declaration

The Lisbon Declaration started as the 1984 Brussels Declaration. During negotiations for the Lisbon Declaration, representatives from Spain and the United Kingdom began discussions to try and resolve the issues associated with the area of Gibraltar. It was conducted in a friendly manner and followed all applicable United Nations resolutions. These talks resulted in the establishing of a foundation for a more effective negotiating process. Negotiations were specifically designed to resolve the differences between Spain and the United Kingdom concerning Gibraltar. Very serious negotiations occurred between 2001-02. No serious agreement resulted from them.

Spain continues to claim Gibraltar should be returned to them. It has stated this on many occasions at the UN General Assembly. Spain has also done this in the Committee of 24. This is a UN committee responsible for decolonization of territories around the world. Spain continues to seek new ways to work with the United Kingdom. Their goal is to negotiate regional cooperation in pursuit of a final resolution to the sovereignty of Gibraltar.