MercoPress. South Atlantic News Agency
Gibraltar in shock: it will mobilize all its options to counter any EU exclusion
The Government of Gibraltar has stated that it is not surprised by the reference to Clause 24 in a footnote to the draft legal text on the Withdrawal Agreement published by the European Union27 on Wednesday. However, it nonetheless constitutes a disgraceful affront to a small British country that voted by 96% to remain in the European Union. Read full article
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Disclaimer & comment rulesThe Spanish have this problem with Gibraltar's airport believing that it was built on land stolen from Spain.
Mar 01st, 2018 - 10:37 am - Link - Report abuse +2Mr Dastis repeated Spain’s traditional position on the isthmus, insisting that Spain “has a claim” on the area of land on which the airport is built. (Gibraltar Chronicle 25 Feb 18).
Gibraltar Isthmus – Acquisitive Prescription (1 pg):-
https://www.academia.edu/35658479/Gibraltar_Isthmus_Acquisitive_Prescription
@Brit Bob
Mar 01st, 2018 - 11:27 am - Link - Report abuse +2I fail to see how Spain can have “a claim”. Spain has been invited on many occasions, both by the United Kingdom and by the Government of Gibraltar, to take its “claim” to the ICJ. It has never taken up that option because, unsurprisingly, Spain is no different to argieland in being dictatorial, overbearing and prone to wishful thinking. As well as lying. I'm sure that I recall it being reported on one occasion that Spain doesn't dare go to the ICJ because there are documents, possibly in its own National Archive, that proves that it has no “claim”. And that various Spanish governments have been advised by their own lawyers that they have no chance.
I sometimes wonder why Gibraltar and the UK don't put it to the test. I know that there is an article in the treaty whereby, if Britain relinquishes sovereignty, it is supposed to be offered first to Spain. But I wonder how the ICJ would react if Gibraltar were to declare independence, the UK acceded and then Spain tried to step in to claim sovereignty. Surely it would be a major contravention of the basic principles of the United Nations? Mind you, with the lack of action by the United Nations in support of Catalonia, nothing would completely surprise me. Prima facie, Spain constantly breaches various parts of the UN Charter and nobody says anything meaningful.
TWIMC...
Mar 01st, 2018 - 12:50 pm - Link - Report abuse -5From Pathos...:
Brittania rule the waves....
To Pathetic...:
Brittania rule the whines...
Conqueror
Mar 01st, 2018 - 01:31 pm - Link - Report abuse +2UK Proposed Gibraltar Issue be Dealt With By ICJ & Gibraltar Return Clause
On 11th October 1966 the UK proposed to Spain that the ICJ give a decision on 5 separate questions with regard to the sovereignty of Gibraltar. The ICJ was to determine the issue of sovereignty of the town; the isthmus; and the bay, as well as whether the UK had the right to fly over Spanish airspace. (Parliamentary under-secretary of State for Commonwealth affairs, Lord Beswick, Hansard, HL Deb 02 Nov 1966 Vol 277, cc 570-4).
On 14th December 1966 the Spanish government declined to accept the UK's proposal. (Mr. George Brown, Hansard HC Deb 19 Dec 1966, Vol 738 cc 978-81)
Return Clause – Para 7 – 'And in case the Crown of Great Britain to grant, sell or by other means alienate Gibraltar, it is hereby agreed that the preference of having the sale shall always be given to the Crown of Spain...'
Law -v- Treaty – Any claim Spain could have by virtue of the this clause is overruled and annulled under article 103 of the UN Charter – ''In the event of conflict between members of the UN under the present charter and their obligations under any other international agreement their obligations under the charter shall prevail'' There is no principle in international law or UN doctrine that can displace the inalienable right to self-determination.
UNGA 2734 XXV 16 Dec 1970 confirmed that new principles in international law such as the right to self-determination are interpreted into the UN Charter therefore self-determination supersedes all other obligations.
Oh well I guess unemployment is going to rise substantially on 20 March 2019 when the border is closed if Spain uses a veto given to them by the Fourth Reich, sorry the EU.
Mar 01st, 2018 - 03:10 pm - Link - Report abuse +3The real question is whether the UK would or should refuse the transition deal or eventual trade agreement if Gibraltar is left out of it.
Mar 02nd, 2018 - 09:16 pm - Link - Report abuse -3The question is why is this piece appearing in Mercopenguin, a British government propaganda organ supposedly devoted to America, South America and the “South Atlantic”?
Mar 10th, 2018 - 05:55 am - Link - Report abuse 0Commenting for this story is now closed.
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