The Retrocession of Gibraltar: A New Reading of the Treaty of Utrecht

Type:

Book Chapter

Author:

Martín Ortega Carcelén

Published:

2017

Publisher:

Routledge

This chapter analyses Article x of the Treaty of Utrecht where Spain ceded Gibraltar to Great Britain. The current controversy over Gibraltar is very different from other international disputes because it is based on a restricted territorial cession by one established state — Spain — to another — the United Kingdom. The chapter explains three conditions for the cession. First is the ceded territory is defined as the city and castle of Gibraltar, jointly with its harbour, defences, and fortresses, with no specified time limit, but 'with no territorial jurisdiction'. Second is 'Open communication by land with the country round about' is not permitted except when in need of supplies. Third is Spain has the right to 'redeem' the city of Gibraltar, that is to say, regain sovereignty over it, in the event of Great Britain wishing to 'grant, sell or by any means alienate therefrom the propriety of the said town of Gibraltar'.

Türkçe sayfa →