MercoPress. South Atlantic News Agency
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. Read full article
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Disclaimer & comment rulesSpain is not in a very strong bargaining position at the moment .They are a class act compared to Argentina but for Rajoy to say that the bailout is a triumph for the Euro makes you blink with disbelief.
Jun 11th, 2012 - 09:47 am - Link - Report abuse 0No, we should remember that it is not Spain - or its fishermen - that are going bust, it is just a few Spanish banks needing a spare $100 billion to see them over a little hiatus. Hmm.
Jun 11th, 2012 - 11:15 am - Link - Report abuse 0Once 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!
Let's look at this matter in all its simplicity. Gibraltar was ceded to Britain in perpetuity in 1713. Despite Spain's “argument” that Gibraltar has no territorial waters because they are not mentioned in the Treaty of Utrecht, what they “conveniently” forget to mention is that nowhere had territorial waters in the sense the term is understood today. Spain is, of course, teetering along the brink. And losing credibility all the time. Gibraltar “got” territorial waters when Spain did. And yet Spain sends its “fishermen” (yeah, right) and its armed paramilitary terrorists (Guardia Civil) into sovereign British Gibraltar Territorial Waters, onto the shores of Gibraltar and even through the streets of a British Overseas Territory!
Jun 11th, 2012 - 01:03 pm - Link - Report abuse 0So, 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?
It's good to see some moderation from Margallo for a change - he deserves some restrained praise for that. I'm sure Gibraltar hasn't got a problem with Spanish boats using Gibraltar's coastal waters, as long as they respect Gibraltar laws.
Jun 11th, 2012 - 04:20 pm - Link - Report abuse 0But 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.
Now he shoots us, with his silly pruned , finger guns,
Jun 11th, 2012 - 08:57 pm - Link - Report abuse 0Silly twit .
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Jun 11th, 2012 - 10:16 pm - Link - Report abuse 0https://www.facebook.com/Britain1592
It is beside the point to refer to the treaty of Utrecht as this treaty created the British colonial enclave in the first place. Moreover, British occupation of the isthmus and its failure to implement a number of its provisions means that the UK is in breach of the treaty.
Jun 12th, 2012 - 12:05 am - Link - Report abuse 0It'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.
Betel,
Jun 12th, 2012 - 09:51 am - Link - Report abuse 0you 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.
@8 I'm leaving this to you for the time being. But it's worth noting that Gibraltar is part of a sovereign State. The Convention on the Territorial Sea and Contiguous Zone applies to sovereign States. The median line between the Spanish territorial sea and the BGTW has been drawn in accordance with Article 12 of the Convention.
Jun 12th, 2012 - 09:35 pm - Link - Report abuse 0C #9
Jun 13th, 2012 - 09:03 am - Link - Report abuse 0I think it is important to get these points from Betel him/herself, hence the questions.
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