The Disputed Waters around Gibraltar

Trinidad, Jamie

doi:10.1093/bybil/brx007

Cited by 3 publications

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“…In particular, it is difficult for Spain to circumvent the strong language used in paragraph 1 of Article X of the Treaty of Utrecht 1713, pursuant to which Gibraltar is ceded to the British Crown 'absolutely', 'forever', and 'without any exception or impediment whatsoever'. Spain may be able to construct arguments to chip away at the edges of British sovereignty; for instance, it argues that the UK has never properly acquired sovereignty over the isthmus connecting Gibraltar to the Spanish mainland (where Gibraltar's airport is situated), and that the waters around Gibraltar remain Spanish because they were not explicitly ceded in Utrecht (for an analysis of the latter argument, see Trinidad, 2016). However, the core of the British position on territorial sovereignty is unassailable.…”

Section: Avoiding the Question Of Territorial Sovereigntymentioning

confidence: 99%

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

Trinidad

2021

The Round Table

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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.

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Section: Avoiding the Question Of Territorial Sovereigntymentioning

confidence: 99%

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

Trinidad

2021

The Round Table

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UKIP’s and the EFF’s Populist Ideology

Sorensen

2021

Populist Communication

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Maritime Claims and Underwater Archaeology: When History Meets Politics

Aznar

2021

BRP Law Sea

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Among other circumstances relevant to maritime delimitations, some States have recently used the protection of underwater cultural heritage (UCH) as grounds for advancing jurisdictional or sovereignty claims over different maritime areas. After identifying the contours of current international law governing that heritage, this book critically addresses: first, the generally limited use of archaeological heritage in territorial claims; second, the broad acceptance by States of ‘archaeological maritime zones’ that overlap with declared contiguous zones; and, third, the (mis)use of UCH and underwater archaeology in three still disputed maritime claims, namely, Canada’s claim in Arctic waters, China’s in the South China Sea, and Russia’s in Crimea and its surrounding waters. Legal and ethical issues related to underwater archaeology are also discussed.

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The Disputed Waters around Gibraltar

Cited by 3 publications

References 0 publications

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

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

UKIP’s and the EFF’s Populist Ideology

Maritime Claims and Underwater Archaeology: When History Meets Politics

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