Spain separates fishing dispute with Gibraltar from any sovereignty discussions
Spanish Foreign Minister José Manuel García-Margallo said over the weekend that the solution to the fishing dispute was separate to any discussion on the sovereignty of Gibraltar or its waters.
In a statement that echoed the position expressed last week following his meeting with his British counterpart, William Hague, García-Margallo said the dispute was a problem of cooperation “at an inferior level to sovereignty”.
Garcia-Margallo was speaking while Gibraltar officials and Spanish fishermen were holding technical talks working toward a solution to the row.
“The British maintain that the waters are theirs, we maintain that they are our waters, and this discussion is going nowhere,” he said.
“Whoever waters they are and I say they are Spanish, it is evident that vessels from both flags must use them”.
Representatives from Gibraltar Government’s Fishing Commission met last Saturday with La Linea-Algeciras cofradias (fishermen associations), the first of the joint technical working group set up by Chief Minister Fabian Picardo to find a solution to the current fishing conflict.
Ahead of the meeting the Spanish fishermen spokesman Pedro Maza stated that the dispute with the Gibraltar Government is not about fishing but a political one and complained that the majority of members in the Rock’s commission are non-governmental organisations and environmentalists “who defend interests that are very different to those of the fishermen”.
He said his position will be one that advocates a sustainable approach to fishing and not detrimental to the environment.
“I am all in favour of dialogue and finding a solution but when the other side defends the rights of the ‘jurel’ and we defend the persons who want to fish that ‘jurel’, reaching an agreement is not easy,” he said.
He said that the fishing methods used by the Campo fishermen are “regulated by the European Union” while declaring that this is the main argument used by the Gibraltar Government to restrict their activities.
The ongoing dispute was sparked off when the new GSLP/Liberal Government abolished the Fishing Agreement of 1999 negotiated by the previous GSD administration, which had granted the RG Police flexibility and discretion in the application and policing of the Gibraltar Nature Protection Act of 1991.
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Once this allows business as usual, the minor problems of
(i) ownership of territory (“ceded to Britain ”in perpetuity” under the Treaty of Utrecht in 1713),
(ii) and the associated marine provinces
can be passed to the ICJ (i) and marine rights restated via the L.o.t.S. Conventions and the EEC/CFP (ii).
I'll bet Spain never though it would be so easy!
So, no, Spain, and Garcia-Margallo, cannot separate the fishing “dispute” from sovereignty. Spaniards are intruding into British territory. They want to have the “right” to fish in British Gibraltar waters using methods that are illegal in Gibraltar and have destroyed fish stocks in their own waters.
No doubt the Government of Gibraltar has been told that now is not a good time for a war with Spain. Perhaps if we just sank a few “fishing” and Guardia Civil intruding vessels just inside BGTW?
But the Margallo/Hague position can only be a temporary truce. Spain and Britain should jointly take the waters issue to the European Court, and build a permanent settlement on the outcome.
Silly twit .
www.facebook.com/Britain1592
It's a bit rich for you to claim that the UK can ignore international law by relying on a treaty which it has itself invalidated by its own actions.
The Convention on the Law of the Sea is not applicable to Gibraltar precisely because it is currently subject to a process of decolonization in which only relevant resolutions adopted by the United Nations General Assembly are applicable.
you introduce new information.
I should like to see it and test it.
(i) Would you give source, and
(ii) outline which failures to implement the provisions of Utrecht are being invoked and by whom, and
(iii) indicate why this invalidates - overrides - the 'in perpetuity' Treaty.
(iv) Indicate why you think that the Convention on the Laws of the Seas does not apply to Gibraltar with its Treaty, de facto occupation by historically long-standing resident communities, and its rights under the provisions of Protectorate.
For your information:
Decolonisation is NOT 'in process' - whatever the C24 might think.
The UNGA is NOT the sole voice of authority in this matter;
the UN, itself, uses the ICJ as its legal arbiter.
There are also other considerations on governing and non-governing protectorates and disputed ownerships that are way beyond the scope of the UN to manage and control. For instance, the Great Powers and real politik; and not least, in this case, the European Community.
No, Betel, the UNGA is not the only applicable agency.
And I look forward to your replies on my (i) - (iv) questions.
I think it is important to get these points from Betel him/herself, hence the questions.
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