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This page is intended to act as an area for drafting improvements to the Gibraltar page. Feel free to amend it as you wish. Richard Keatinge (talk) 19:24, 15 November 2010 (UTC)

Sovereignty dispute, or Territorial claim by Spain, or Territorial disputes

Spain, while recognising British sovereignty over the town of Gibraltar, requests that the territory be handed over to Spanish control, arguing that Gibraltar's status undermines Spain's territorial integrity.<Spanish government document discussed above> In response, the British government argues that the Gibraltarian people have the right to self-determination, limited only by the provision of the Treaty of Utrecht which gives the Crown of Spain the right to acquire Gibraltar if the British Crown ever abandons it.<this FCO doc, page 5, marked as page 58> The Gibraltar government, for its part, argues that Gibraltarians have an unlimited right to self-determination.<this Times article> In referenda in 1967 and 2002, Gibraltarians overwhelmingly opposed any Spanish sovereignty over Gibraltar.

The Spanish view of the Treaty of Utrecht accepts British sovereignty within the limits of the Rock. Britain claims sovereignty on half of the isthmus that connects Gibraltar to the mainland and on the waters surrounding Gibraltar, arguing that continuous possession of the isthmus and the more modern concept of territorial waters should also be taken into account.<this Gibraltar Chronicle article><same FCO doc>

Gibraltar is included on the United Nations list of Non-Self-Governing Territories., defined by UN General Assembly Resolution 1541. The British and Gibraltarian governments argue for removal, stating that Gibraltar has effectively been decolonised. Spain opposes such attempts and Spanish commentators still commonly describe Gibraltar as a colony.

References

1. "Non-Self Governing Territories". United Nations. Retrieved 2008-10-18.
2. "Official Government of Gibraltar London website". Retrieved 18 October 2008.
3. Cite error: The named reference Maec was invoked but never defined (see the help page).
4. "Address to UN". Retrieved 18 October 2008.
5. Gibraltar.gov.gi, Chief Minister's UN Speech "Mr Chairman, nobody who visits Gibraltar and observes its society and self government can objectively think that Gibraltar, in reality, remains a colony." Speech to the United Nations Special Committee on Decolonisation 8 October 2009
6. "Our main political challenges come from Spain's antiquated territorial claim." Government of Gibraltar Information Services, Office of the Chief Minister. http://www.gibraltar.gov.gi/office-of-the-chief-minister accessed 15th May 2010
7. UN.org, Special Committee on Decolonisation hears petitioner from Gibraltar as Spain opposes its removal from the list of Non-Self-Governing Territories, "the representative of Spain opposed any attempt to remove it from the list of Non-Self-Governing Territories undergoing decolonisation"
8. http://www.lukor.com/not-esp/internacional/portada/06040333.htm
9. http://www.publico.es/espana/276568/cospedal/gibraltar/colonia/deberia/exitir