Two aphorisms are often stated about Gibraltar: first, that it was a possession that "Spain did not value until she had lost it"; and second, since the day it became a British possession, "Gibraltar has been a thorn in the side of Spain." Except for a few relatively short periods, the Gibraltar issue has adversely affected Anglo-Spanish relations during the almost 275 years of British ownership. To date, negotiations under the aegis of the United Nations have proven unfruitful. Spain demands that complete sovereignty be returned. Great Britain declines to take any such action without the consent of the inhabitants. Despite a referendum in which the Gibraltarians voted overwhelmingly to retain links with Great Britain, the Special Committee of the U.N. General Assembly continues to strongly support the Spanish claim. What effect Spain's entry into NATO will have remains to be seen. This book examines the historical background and present status of the dispute, making extensive use of documents not previously analyzed in depth. Dr. Levie describes the events leading up to the Treaty of Utrecht, provides a detailed analysis of the treaty itself, and traces the origins of its various interpretations. He discusses how the British, unintentionally or otherwise, have violated its provisions, and how the Spanish have attempted to retaliate. The book concludes with a discussion of how the Gibraltar issue has beeen handled in the U.N. to the present day.
Table of Contents
Preface -- Prolegomena -- The War of the Spanish Succession (1702–1713) -- The Intermediate Period (1713–1963) -- Enter the United Nations (1963 to Date) -- Epilogue -- Map of Gibraltar -- Article X of the Treaty of Utrecht (13 July 1713) -- Gibraltar Population Table 1704-19791 -- United Nations General Assembly Resolution 1541 (XV), Principles Which Should Guide Members in Determining Whether or Not an Obligation Exists to Transmit the Information Called for Under Article 73e of the Charter (Extract of Annex) -- United Nations General Assembly Resolution 1514 (XV), 14 December 1960, Declaration on the Granting of Independence to Colonial Countries and Peoples (Extract) -- Consensus on Gibraltar Adopted by the Special Committee of the United Nations -- Proposals Made by the Spanish Government on 18 May 1966 -- Proposals Made by the British Government on 12 July 1966 -- Compromis Proposed by the British on 11 October 1966 -- Proposal Made by "The Doves" -- International Agreements
Howard S. Levie is professor emeritus of international law at St. Louis University Law School. A specialist in the law of war, he has also taught at the U.S. Naval War College.