Howard S. Levie - The Status of Gibraltar

The Status of Gibraltar

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The Status of Gibraltar

Howard S. Levie

Two aphorisms are often stated about Gibraltar: first, that it was a possession that "Spain did not value until she had lost it"; and second, since the day it became a British possession, "Gibraltar has been a thorn in the side of Spain." Except for a few relatively short periods, the Gibraltar issue has adversely affected Anglo-Spanish relations during the almost 275 years of British ownership.

To date, negotiations under the aegis of the United Nations have proven unfruitful. Spain demands that complete sovereignty be returned. Great Britain declines to take any such action without the consent of the inhabitants. Despite a referendum in which the Gibraltarians voted overwhelmingly to retain links with Great Britain, the Special Committee of the U.N. General Assembly continues to strongly support the Spanish claim. What effect Spain's entry into NATO will have remains to be seen.

This book examines the historical background and present status of the dispute, making extensive use of documents not previously analyzed in depth. Dr. Levie describes the events leading up to the Treaty of Utrecht, provides a detailed analysis of the treaty itself, and traces the origins of its various interpretations. He discusses how the British, unintentionally or otherwise, have violated its provisions, and how the Spanish have attempted to retaliate. The book concludes with a discussion of how the Gibraltar issue has beeen handled in the U.N. to the present day.

Howard S. Levie is professor emeritus of international law at St. Louis University Law School. A specialist in the law of war, he has also taught at the U.S. Naval War College.

Howard S. Levie

First published 1983 by Westview Press, Inc.

Published 2019 by Routledge
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Library of Congress Cataloging in Publication Data

Levie, Howard S., 1907
The status of Gibraltar.

(A Westview replica edition)
Bibliography: p.
Includes index.
1. Gibraltar--International status. 2. United
Nations--Gibraltar. 3. Spain--Foreign relations-
Great Britain. 4. Great Britain--Foreign relations-
Spain. 5. Gibraltar--History. I. Title.
JX4084.G5L48 1983 341.2'9 83-10616

ISBN 13: 978-0-367-29636-0 (hbk)

My wife and I spent four summer vacations on the Costa del Sol of Spain, within 25 miles of Gibraltar, during the late 1960s and the early 1970s, but never managed to be able to pay a visit to that historic site--and not from lack of desire or effort. The first time we tried to pay such a visit by driving across the border, we were turned back by an unofficial Spanish picket line; on the following visit, the land border had been officially closed to tourists by Spain; and on the next occasion, when we had planned to cross by ferry from Algeciras, we found that the ferry service had been suspended by the Spanish Government. Finally, in 1980, while engaged in the research for this study, such a visit was made: but only by flying from Madrid to Tangier, changing planes there, and then flying back to Gibraltar.

All of these early setbacks created a not unnatural curiosity. Why were these roadblocks being placed in the way of the would-be visitor from Spain to Gibraltar? What was there in the relationship between Great Britain and Spain to cause such actions? Why was General Franco, who had really prevented Hitler from using Spain as a springboard to Gibraltar during World War II, authorizing and encouraging such actions? What, if anything, was occurring elsewhere which was impacting on Gibraltar? What efforts, if any, were being made to solve the problems which undoubtedly existed? In what fora were these efforts being made? These were but a few of the many questions which sprang to mind. Superficial research disclosed the existence of a fascinating story which, because of other commitments, I was compelled to put aside at the time. However, in 1980, thanks to the Center for Advanced Research of the United States Naval War College, I was able to do extensive research on the subject in New York and London and to have many questions answered at the Foreign Office and Ministry of Defence in London, and at the Ministry of External Affairs in Madrid. Finally, as already mentioned, I was able to pay a long-delayed, but for that reason even more interesting, visit to Gibraltar itself, where I had discussions on the present status and the possibilities for the future of Gibraltar with the Governor, General Sir William Jackson; the Chief Minister, Sir Joshua Hassan; the Leader of the Opposition, Mr. Peter Isola; and many others, both officials and plain citizens. That research and those conferences, discussions, etc., constitute the sources of much of what appears in this study.