Self-determination and contested peoplehood in Gibraltar: separating the law from the rhetoric

Abstract

Self-determination' is a loaded and contested term and there is room for debate over what constitutes 'peoplehood' giving rise to a right to self-determination. In the past, British, as well as Spanish sources, characterised the Gibraltarians as an 'artificial' population. This was a cornerstone of Spain's irredentist claim. Recent scholarship in social and cultural history has yielded a better understanding of developments in Gibraltar since 1704. The argument that the Gibraltarians are an illegitimate population with no roots in the territory is difficult to sustain today. However, there are still questions around Gibraltar's legitimate aspirations under international law.