Wednesday, February 14, 2007

Territorial disputes

Territories claimed by Spain

Spain has called for the return of Gibraltar, a small but strategic British overseas territory which lies near the Peninsula's southernmost tip, in the Eastern side of the Strait of Gibraltar. It was conquered during the War of the Spanish Succession in 1704 and was ceded to Britain in perpetuity in the 1713 Treaty of Utrecht. An overwhelming majority of Gibraltar's 30,000 inhabitants want to remain British, as they have repeatedly proven in referenda on the issue. The UN resolutions (2231 (XXI) and 2353 (XXII)) call on the UK and Spain to reach an agreement to resolve their differences over Gibraltar, while Spain does not recognize this border and so it is ordinarily kept under strict traffic scrutiny (in the recent past it was often closed as a means to put pressure to Gibraltar, since its economy is partially dependent on Spanish goods and workers).

Moreover, the exact tracing of the demarcation line established by the Treaty of Utrecht is disputed between both sides (Spain claims that the UK is also occupying a tract of land around the airport which was not originally included in the Treaty provisions).

Gibraltar is officially a non-self governing territory or colony according to the UN original definition; in this regard, article 103 of the UN Charter states, universally speaking, that the right of self-determination of the people from the non-self governing territory should be the paramount and overriding principle. To this, the Spanish position objects that it would overrule the only other legal document available on the matter, the Treaty of Utrecht, which states that the area must return to Spain should the UK renounce to it.

Spanish territories claimed by other countries

Morocco claims the Spanish cities of Ceuta and Melilla and the Vélez, Alhucemas, Chafarinas, and Perejil islands, all on the Northern coast of Africa. Morocco points out that those territories were obtained when Morocco could not do anything to prevent it and has never signed treaties ceding them, but Morocco did not yet exist in the 14th and 15th century when these places became Spanish possessions. Spain claims that these territories are integral parts of Spain and have been Spanish or linked to Spain since before the Islamic invasion of Spain in 711; the Ceuta area (including the islet of Perejil) returned to Spanish rule in 1415 and the rest did so only a few years after the conquest of Granada in 1492. Spain claims that Morocco's only claim on these territories is merely geographical. Parallelism with Egyptian ownership of the Sinai (in Asia) or Turkish ownership of Istanbul (in Europe) is often used to support the Spanish position.

Portugal does not recognize Spain's sovereignty over the territory of Olivenza. The Portuguese claim that the Treaty of Vienna (1815), to which Spain was a signatory, stipulated return of the territory to Portugal. Spain alleges that the Treaty of Vienna left the provisions of the Treaty of Badajoz (1801) intact.

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