Stephen Potts
580 California St., Suite 400
San Francisco, CA, 94104
Gibraltar – Territorial Waters
visibility
…
description
1 page
Sign up for access to the world's latest research
checkGet notified about relevant papers
checkSave papers to use in your research
checkJoin the discussion with peers
checkTrack your impact
Abstract
AI
AI
The paper discusses the legal status of Gibraltar's territorial waters under the United Nations Law of the Sea Convention (UNCLOS) and relevant case law. It asserts that the UK has a treaty right to establish territorial waters up to 12 nautical miles, of which it has declared 3 nautical miles. The paper highlights the irrelevance of Spain's declarations and positions in altering the UK's entitlement, and notes that any dispute regarding the delimitation of these waters must be resolved through arbitration, as Spain has declined previous offers. It also includes opinions from prominent legal figures supporting the argument that Spain's claims lack a solid legal foundation.
Key takeawaysAI
AI
- The UK has a legitimate claim to 3 miles of territorial waters around Gibraltar under international law.
- The 1958 Convention on the Territorial Seas reinforces British sovereignty over Gibraltar's adjacent sea.
- Spain's assertions regarding territorial waters lack legal standing due to UNCLOS provisions and prior treaties.
- Historical treaties, like the Treaty of Utrecht, do not negate the legal basis for Gibraltar's territorial waters.
- Spain declined the UK's offer for ICJ arbitration on Gibraltar's territorial waters in 1966.
Related papers
British we are, British we stay: An analysis into the legal ramifications of the Treaty of Utrecht of 1713 on Gibraltar’s sovereignty; the legal developments since, new legal considerations and, contextual developments of the present day.
Utrecht of 1713 on Gibraltar's sovereignty; the legal developments since, new legal considerations and, contextual developments of the present day.
The Gibraltar crisis and the measures, options and strategies open to Spain
Cuadernos de Gibraltar Gibraltar Reports, 2015
The Pending Maritime Delimitations between Spain and Morocco: Sovereignty, Status and Feasibility
Maritime Safety and Security Law Journal, Issue 4 2018
The pending maritime delimitations between Spain and Morocco are highly complex and noteworthy due to the existence of diverse factors, namely the particularity that the delimitations shall be conducted in two different seas: the Alboran Sea and the Atlantic Ocean. Moreover, various sovereignty issues must be addressed, such as the Spanish enclaves in North Africa, which are claimed by Morocco generating maritime entitlements, and the Western Sahara dispute and Morocco's intention to include the Western Sahara maritime areas under its jurisdiction. In terms of the latter issue, this article studies the fisheries agreements concluded between the European Union and Morocco and the recent decisions given by the Court of Justice of the European Union, declaring those agreements prohibited under international law in respect of Western Sahara waters. Other significant matters analyzed are the views of both countries, the existence of several overlapping maritime claims with third States and the negotiations that have been carried out thus far to reach an agreement delimiting the maritime boundaries. On this subject, it is crucial to determine whether a tacit agreement exists – on the basis of the hydrocarbon activities licensed by Spain and Morocco – establishing the maritime boundary between the Canary Islands and Morocco's Atlantic coast. For this purpose, the findings of recent international jurisprudence, particularly the judgement given by ITLOS on the Ghana/Côte d'Ivoire case, are considered.
Status of Gibraltar – The Dispute over the Sovereignty after Brexit
European Scientific Journal ESJ
Brexit is one of the main issues in EU modern history, which should be dealt with very carefully and with less losses. Brexit caused many political and legal debates regarding different issues, including the Status of Gibraltar, which is affected with the referendum results in 2016. The main factors that defined the final position of Gibraltarians regarding Brexit were geographical and economical factors. Gibraltar is surrounded by water and the only land border neighbor is Spain (which in turn the member of EU). The main factors of economic wellbeing of population are defined by the imported products, services, and labor forces from Spain. Besides the economic factors, Brexit opened the debates on Gibraltar’s Sovereignty, that is the main subject for discussion Between UK and SPAIN more than 300 years. This is the best opportunity given to Spain for offering the joint Sovereignty Model and for strengthening position over Gibraltar. The article offers a historical review of Gibralta...
SPANISH STRATEGIC OPTIONS FOR GIBRALTAR, 300 YEARS AFTER THE TREATY OF UTRECHT
Chapter in the Book BRITAIN, SPAIN AND THE TREATY OF UTRECHT 1713-2013 Edited by Trevor J. Dadson and J. H. Elliott- Studies in Hispanic and Lusophone Cultures- 8 Ed. Legenda: Oxford, December 2014 pp. 115-128 ISBN: 978-1-909662-22-3
Optimización Del Reconocimiento Visual De Palabras en Procesos De Enseñanza-Aprendizaje: Una Aproximación Desde Las Neurociencias
Didasc@lia: Didáctica y Educación, 2015
Specific electromagnetic radiation in the wireless signal range increases wakefulness in mice
Proceedings of the National Academy of Sciences, 2021
Significance The steady increase of electromagnetic radiation (EMR) in the environment, particularly the wireless signal, causes serious public concern over its potential negative impact on health. However, it is challenging to examine such impact on human subjects due to associated complex issues. In this study, we establish an experimental system for the investigation of EMR impact on mice. Using this system, we uncovered a causal relationship between 2.4-GHz EMR modulated by 100-Hz square pulses and increased wakefulness in mice. This result identifies sleep alteration as a potential consequence of exposure to excessive wireless signals.
As assembléias de peixes dos estuários de Conceição da Barra e Barra Nova, Espírito Santo
Tropical Oceanography, 2013
Coletas mensais foram realizadas em quatro pontos amostrais de cada um dos estuários de Conceição da Barra e Barra Nova, utilizando-se para tal uma rede de arrasto de fundo com portas. Um total de 6243 indivíduos foi coletado pertencente a 55 taxa (28 famílias). Nos dois estuários as espécies mais abundantes foram Stellifer sp. e Diapterus rhombeus. Em ambos os estuários foram detectadas diferenças temporais na composição da ictiofauna, o mesmo tendo sido observado entre os pontos de coleta do estuário de Conceição da Barra. Palavras chave: ictiofauna, variação espacial, variação temporal, Brasil.
Gibraltar – Territorial Waters
1. Spain's Position
A statement on Spain's Foreign Ministry website reads "Only the city and the castle of Gibraltar are ceded along with its port, fenders
and fortresses that belong to it; Spain did not relinquish the isthmus, the territorial waters or the... airspace."
2. The 1958 Convention on the Territorial Seas and Contiguous Zone
The above provides (Article 1) that the Sovereignty of a State extends beyond its land territory to a belt of sea adjacent to its coast.
Spain did not enter any reservation to the above, such as would relieve her of the legal effects of this provision. Accordingly, British
Sovereignty of Gibraltar's "land territory" entitles it to Sovereignty of "a sea belt adjacent to its coast." Britain has declared 3 miles.
Comment – the fact that only the Port of Gibraltar was ceded under the Treaty of Utrecht is irrelevant since it has long been
established that a cession of territory automatically carries the cession of territorial waters.. Case law – Norway/Sweden
delimitation 1909. 'The tribunal fully agreed with Norway's contention that on the basis of the Peace of Roskilde of 1658 the maritime
territory was divided automatically between Norway and Sweden. The tribunal taking into account the fundamental principle of the
law of nations regarding maritime appurtenance of the land territory....the tribunal notes that in order to ascertain what have been the
automatic dividing line of 1658, it must have had recourse to the principle of law at the time.'
3. Utrecht/Historical Context
The Treaty of Utrecht didn’t mention territorial waters – it didn’t mention Spanish waters either. How does Spain claim territorial
waters for Ceuta when Portugal only ceded the city, not even the harbour in the 1668 Treaty of Lisbon? The Treaty of Utrecht is
totally irrelevant to the legal effect of the 1958 Convention.
4. UNCLOS
The United Nations Law of the Sea Convention of 1982 has been extended to Gibraltar. It provides (Article 3) that every state has the
right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles. The 3 miles declared by Britain is
thus squarely within the entitlement bestowed by the Convention. Spain has not entered a reservation to the above, and indeed she
was precluded from doing so by the terms of the 1982 Convention (Article 309) itself. Spain did make statements and declarations
but, Article 310 of the 1982 Convention makes it clear that such statements and declarations cannot exclude or modify the legal
effect of the provisions of the Convention in their application to Spain. Case Law The ICJ, in their maritime delimitation judgment
between Romania and Ukraine of 3rd February 2009, is relevant here. In this case, the ICJ stated, ‘Finally regarding Romania’s
declaration, quoted in para 35 above, the Court observes that under 310 of UNCLOS, a state is not precluded from making
declarations and statements when signing, ratifying or acceding to the Convention, provided that these do not purport to
exclude or modify the legal effect of the provisions of UNCLOS in their application to the State which has made a declaration of
UNCLOS. Romania’s declaration as such has no bearing on the Court’s interpretation.’ (ICJ Delimitation, Judgment,
Romania/Ukraine, 3 Feb 2009, p78, para 42)
Accordingly, by virtue of these Conventions the UK has a treaty right to territorial waters in Gibraltar not exceeding 12
miles. The UK has declared 3 miles. Spain’s statements and declarations have no legal effect in altering this position. Her
political assertions to the contrary are thus unsustainable in international law. Case Law In respect of this the Gulf of Maine
case is relevant as the ICJ has also stated that, 'No delimitation between states with opposite or adjacent coasts may be effected
unilaterally by one of those states.' Such delimitation must be sought and effected by means of an agreement...' (ICJ Case Concerning
Delimitation of Maritime Boundary, Gulf of Maine area, Canada/USA, 12 Oct 1984, p57, para 112(i).) UNCLOS clearly states that it
'supersedes any other treaty agreement or arrangements prior to signing. Spain has signed UNCLOS and any note/declarations are
irrelevant. It is up to Spain to take the matter to arbitration IF it wants to delimit Gibraltar's waters because of 'historical title'
argument.
5. Offer of Arbitration
On 11th October 1966 the UK proposed to Spain that the ICJ give a decision on a number of questions regarding the sovereignty of
Gibraltar. One of the questions was in respect of Gibraltar's territorial waters. (Parliamentary under-secretary of State for
Commonwealth affairs, Lord Beswick, Hansard, HL Deb 02 Nov 1966 Vol 277, cc 570-4) On 14th December 1966 the Spanish
government declined to accept the UK's proposal. (Mr. George Brown, Hansard HC Deb 19 Dec 1966, Vol 738 cc 978-81) .
6. Opinions
José Antonio de Yturriaga, a jurist who was formerly Spanish ambassador to Ireland, Iraq and Russia, and who for a time headed
Spain’s special mission in Law of the Sea matters, has stated publicly that there is no legal basis to the claim that Gibraltar has no
territorial waters. The former Spanish Foreign Minister – also legally qualified, and perhaps not expecting that his comments would
be reported – acknowledged at a university seminar that the Spanish position regarding the waters around Gibraltar would be
difficult to defend in court (Trinidad, A.J. ,New Statesman 24 Sept 2015).