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Full Access The Anglo-Spanish Dispute over the Waters of Gibraltar and the Tripartite Forum of Dialogue

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The Anglo-Spanish Dispute over the Waters of Gibraltar and the Tripartite Forum of Dialogue

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The historical Anglo-Spanish dispute over the waters of Gibraltar is based on two separate and specific territorial disputes: one related to the conventional cession of Gibraltar by Spain in the Treaty of Utrecht of 1713 and the other related to the British occupation of the Isthmus. The Spanish government has used the cession in Article 10 of that Treaty as the legal basis in both cases, merely stating that it does not recognise British jurisdiction over any waters other than those expressly ceded by it. Ever since the Tripartite Forum of Dialogue on Gibraltar was created in 2004 by a soft law agreement among the governments of Spain, the United Kingdom and Gibraltar as a separate framework from the Brussels Process on Anglo-Spanish sovereignty claims, we believe that this Forum has become an appropriate institutional framework for addressing issues of practical cooperation related to the disputed waters as well, establishing safeguard clauses related to sovereignty issues.

Affiliations: 1: Law Faculty, University of Cádiz, Avda. de la Universidad, s/n 11405 Jerez de la Frontera (Cádiz) Spain

The historical Anglo-Spanish dispute over the waters of Gibraltar is based on two separate and specific territorial disputes: one related to the conventional cession of Gibraltar by Spain in the Treaty of Utrecht of 1713 and the other related to the British occupation of the Isthmus. The Spanish government has used the cession in Article 10 of that Treaty as the legal basis in both cases, merely stating that it does not recognise British jurisdiction over any waters other than those expressly ceded by it. Ever since the Tripartite Forum of Dialogue on Gibraltar was created in 2004 by a soft law agreement among the governments of Spain, the United Kingdom and Gibraltar as a separate framework from the Brussels Process on Anglo-Spanish sovereignty claims, we believe that this Forum has become an appropriate institutional framework for addressing issues of practical cooperation related to the disputed waters as well, establishing safeguard clauses related to sovereignty issues.

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2011-01-01
2016-12-10

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