View source for Status of Gibraltar

{{Short description|Political dispute in the Iberian Peninsula}}
{{Use dmy dates|date=June 2025}}
{{Use British English|date=June 2025}}
{{Infobox territory
| native_name        = Gibraltar
| image_flag         = Flag of Gibraltar.svg
| image_map          = 
| alt_map            = 
| map_caption        = 
| government_type    = [[Parliamentary democracy|Parliamentary democracy within a constitutional monarchy]]
| leader_title1      = [[Monarchy of the United Kingdom|Monarch]]
| leader_name1       = [[Charles III of the United Kingdom|Charles III]]
| leader_title2      = [[Governor of Gibraltar|Governor]]
| leader_name2       = [[Ben Bathurst]]
| leader_title3      = [[Chief Minister of Gibraltar|Chief Minister]]
| leader_name3       = [[Fabian Picardo]]
| population_density_sq_mi = 12,949.9
| population_density_km2 = 5,000
| utc_offset         = +1
| utc_offset_DST     = +2
| iso_code           = GI
| population_note    = Population figures from the Government of Gibraltar.
}}
{{Politics of Gibraltar}}

[[Gibraltar]], a [[British Overseas Territories|British Overseas Territory]], located at the southern tip of the [[Iberian Peninsula]], is the subject of a territorial claim by Spain. It was [[Capture of Gibraltar|captured in 1704]] during the [[War of the Spanish Succession]] (1701–1714). The [[Spanish Crown]] formally ceded the territory in [[perpetuity]] to the [[Monarchy of the United Kingdom|British Crown]] in 1713, under [[:s:Peace and Friendship Treaty of Utrecht between Spain and Great Britain#ARTICLE X|Article X]] of the [[Treaty of Utrecht]]. Spain later attempted to recapture the territory during the [[Thirteenth Siege of Gibraltar|thirteenth siege]] (1727) and the [[Great Siege of Gibraltar|Great Siege]] (1779–1783). British sovereignty over Gibraltar was confirmed in later treaties signed in [[Treaty of Seville (1729)|Seville (1729)]] and the [[Treaty of Paris (1783)]].

Reclamation of the territory became government policy under the dictatorial regime of [[Francisco Franco]], and this policy has remained in place under successive governments following the [[Spanish transition to democracy]]. The [[Gibraltarians]] themselves reject any such claim and no [[List of political parties in Gibraltar|political party]] or pressure group in Gibraltar supports union with Spain. In a [[2002 Gibraltar sovereignty referendum|referendum in 2002]] the people of Gibraltar rejected a joint sovereignty proposal on which Spain and the United Kingdom were said to have reached "broad agreement". The British Government now refuses to discuss sovereignty without the consent of the Gibraltarians, whereas Spain insists on a bilateral agreement with the UK over sovereignty.

In 2000, a political declaration of unity was signed by the members of the [[Gibraltar Parliament]]; according to the Gibraltar government, "In essence the declaration stated that the people of Gibraltar will never compromise, give up or trade their sovereignty or their right to [[self-determination]]; that Gibraltar wants good, neighbourly, European relations with Spain; and that Gibraltar belongs to the people of Gibraltar and is neither Spain's to claim nor Britain's to give away."<ref>{{cite web|url=https://www.gibraltar.gov.gi/ministers/political-development|title=Political development}}</ref>

The United Nations understanding of the positions of each party is set out in their 2016 report. The UN currently lists Gibraltar as a [[United Nations list of non-self-governing territories|Non-Self-Governing Territory]].

==Capture of Gibraltar and the Treaty of Utrecht==
{{main|Capture of Gibraltar|Treaty of Utrecht}}
[[File:Rooke 1704.jpg|thumb|Statue of Admiral Sir George Rooke at Waterport Avenue in Gibraltar]]
Gibraltar was [[Capture of Gibraltar|captured]] in 1704 by a force led by Admiral Sir [[George Rooke]] representing the [[Grand Alliance (League of Augsburg)|Grand Alliance]] on behalf of the [[Charles VI, Holy Roman Emperor|Archduke Charles]], pretender to the Spanish Throne. After the battle, almost all of the inhabitants decided to leave.<ref>Maurice Harvey (1996). Gibraltar. A History. Spellmount Limited. p. 68. {{ISBN|1-86227-103-8}}.</ref> Spanish attempts to regain the territory in the [[Twelfth siege of Gibraltar]] failed, and it was eventually ceded to the [[Kingdom of Great Britain]] by Spain in the 1713 [[Treaty of Utrecht]] as part of the settlement of the [[War of the Spanish Succession]]. In that treaty, Spain ceded to Great Britain "the full and entire propriety of the town and castle of Gibraltar, together with the port, fortifications, and forts thereunto belonging ... for ever, without any exception or impediment whatsoever."

Should the [[Monarchy of the United Kingdom|British Crown]] ever wish to relinquish Gibraltar, a reversion clause holds that the territory would first be offered to Spain: "And in case it shall hereafter seem meet to the Crown of Great Britain to grant, sell or by any means to alienate therefrom the propriety of the said town of Gibraltar, it is hereby agreed and concluded that the preference of having the sale shall always be given to the Crown of Spain before any others."

Furthermore, the Treaty stipulates "that the above-named propriety be yielded to Great Britain ''without any territorial jurisdiction'' and without any open communication by land with the country round about" (although there is dispute over whether this disclaims territorial jurisdiction over Gibraltar, or over the "country round about"<ref>{{cite web |url=http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1405&context=ilj
|title=The Legal Status of Gibraltar: Whose Rock is it Anyway?
|author=Simon J. Lincoln
|publisher=Fordham International Law Journal, Volume 18, Issue 1 page 308
|year= 1994
|access-date=26 September 2013}}</ref>) and that no overland trade between Gibraltar and Spain is to take place, except for emergency provisions in the case that Gibraltar is unable to be resupplied by sea. The British Government and the Government of Gibraltar have argued that the membership of both Gibraltar and Spain in the European Union (EU) — Gibraltar was included as a [[Special member state territories and the European Union|Special member state territory]] when the United Kingdom joined the EU in 1973; Spain joined the EU in 1986 – superseded such restrictions as the EU is committed to free movement of goods and services. The [[effect of Brexit on Gibraltar]] is unclear.

==Differing positions ==
The United Nations regards Gibraltar as a [[United Nations list of non-self-governing territories|Non-Self-Governing Territory]] administered by the United Kingdom of Great Britain and Northern Ireland. Its report of February 2016 sets out the differing views of the various parties relating to Gibraltar.<ref name="UN2006">{{cite web |url=http://www.undocs.org/A/AC.109/2016/8 |title=A/AC.109/2016/8 |publisher=United Nations |date=29 February 2016}}</ref>{{rp|3/16}}<ref>{{cite web |url=https://www.un.org/en/decolonization/pdf/Gibraltar%202015%20profile_15%20Dec%202015.pdf |title=Gibraltar profile |publisher=United Nations}}</ref>

The ''Gibraltar Constitution Order 2006'' (UK) established a form of government for Gibraltar, with the governor of Gibraltar being responsible for the conduct of external affairs, defence, internal security and for certain appointments to public office, and the Government of Gibraltar being responsible for all other matters. The UK believes that as an independent territory, recognised by the United Nations, Gibraltar enjoys the individual and collective rights that are set out in the 2006 constitution and the right of self-determination.

Spain disputes the legality of the 2006 constitution and claims that it does not change the status of Gibraltar as a British colony with only the UK having right to discuss Gibraltar matters at the international level.<ref name=UN2006/>{{rp|4/16}}

The territorial government of Gibraltar, based on law in the 2006 constitution, collects its own taxes and budgets its costs and capital expenditure, with maximum personal tax rates of 28% and company tax of 10%. Spain notes that the European Commission is investigating the tax regime of Gibraltar and that Spain considers Gibraltar a tax haven. The UK believes Gibraltar meets all EU laws relating to anti-money-laundering, direct taxation and financial supervision.<ref name=UN2006/>{{rp|5/16}}

Gibraltar has a robust financial regulation system with anti-tax-evasion agreements including exchange of tax information agreements with 79 countries including all the EU countries,<ref name="tax_statement">{{Cite web |url=https://www.triay.com/wp-content/uploads/2017/05/Summary-of-Compliance.pdf |title=HM Government of Gibraltar publishes summary of compliance with international obligations |access-date=2018-11-23}}</ref> except Spain which has not responded.<ref name="tax_exchange_agreement">{{Cite web |url=http://www.jca-abogados.com/eng/automatic-tax-information-exchange-from-gibraltar-to-spain/ |title=Automatic tax information exchange from Gibraltar to Spain? |date=20 September 2018 |access-date=2018-11-23}}</ref> The UK asked for Gibraltar to be subject to an EU evaluation of its anti-money-laundering controls.<ref name="tax_statement"/> Spain recalls that crimes of tobacco smuggling and money-laundering from Gibraltar had been noted in an EU anti fraud report in 2014.<ref name=UN2006/>{{rp|6/16}}

Crossing the land border between Gibraltar and Spain is subject to checks. Spain stresses that checks are not politically motivated, it being necessary to ensure strict compliance with EU border regulations to counter the common illicit trafficking issues and that Spain complies with the recommendations from the EU to improve the border crossing.{{citation needed|date=January 2021}} The location of the checkpoint does not conform to the border recognised by Spain. The airport is a military area where civilian aircraft are permitted to operate. Spain claims the airfield is occupied illegally by the UK. The UK claims its sovereignty extends over the isthmus area on which the airfield is built. The UK also claims a three-mile limit in the territorial waters around Gibraltar whereas Spain claims maritime rights to all areas except inside the ports on Gibraltar. UK claims of incursions of Spanish vessels into Gibraltar territorial waters are considered by Spain to reflect routine activity of Spanish ships in their own waters.<ref name=UN2006/>{{rp|7/16}}

In 2004 a system of trilateral discussion began with Spain, the UK and Gibraltar participating. The discussions ended in 2010 with the UK and Gibraltar asking for their continuance from 2012 to 2014. Spain stating they believed the forum no longer existed and that only ''ad hoc'' discussions on local issues should take place with [[Campo de Gibraltar]] also included.<ref name=UN2006/>{{rp|10/16}}

In 2015 the UK reaffirmed its claim to sovereignty, that Gibraltar had its right to self-determination set out in the 2006 constitution and that the UK would not enter into any sovereignty discussions unless Gibraltar agreed and further that the UK was committed to safeguarding Gibraltar, its people and its economy. The UK claimed sovereignty over land extended over the sea to a limit of three miles or to the median line under the UN convention on the Law of the Sea. Any discussion must include Gibraltar as their constitution gave them sole powers over many issues.<ref name=UN2006/>{{rp|11/16}}

Gibraltar claimed it remained the last colony in Europe only because the Government of Spain insisted the inalienable principle of self-determination should not apply to Gibraltarians, with Spain blocking the annual request for Gibraltar to be removed from the UN list of non-self-governing territories.<ref name=UN2006/>{{rp|12/16}} The Gibraltarian government asserts that Gibraltar has been effectively [[decolonised]].<ref name="Maec">{{cite web |url=http://www.maec.es/subwebs/embajadas/londres/es/menuppal/gibraltar/Paginas/LacuestiondeGibraltar.aspx |title=Informe sobre la cuestión cisi Gibraltar |agency=Spanish Foreign Ministry |language=es |archive-url=https://web.archive.org/web/20100325220954/http://www.maec.es/subwebs/embajadas/londres/es/menuppal/gibraltar/Paginas/LacuestiondeGibraltar.aspx |url-status=dead |date=25 March 2010 |archive-date=25 March 2010}}</ref><ref>{{cite web|url=http://www.gibraltar.gov.gi/latest_news/topical_speeches/un_fourth_committee.htm |title=Address to UN |access-date=18 October 2008 |url-status=dead |archive-url=https://web.archive.org/web/20071124145022/http://www.gibraltar.gov.gi/latest_news/topical_speeches/un_fourth_committee.htm |archive-date=24 November 2007 }}</ref><ref>{{cite web |url=http://www.gibraltar.gov.gi/topical-speeches/162-chief-ministers-un-speech |agency=Government of Gibraltar |quote=Mr Chairman, nobody who visits Gibraltar and observes its society and self government can objectively think that Gibraltar, in reality, remains a colony. |title=Chief Minister's Speech to the United Nations Special Committee on Decolonisation |date=8 October 2009 |url-status=dead |archive-url=https://web.archive.org/web/20091113143033/http://www.gibraltar.gov.gi/topical-speeches/162-chief-ministers-un-speech |archive-date=13 November 2009}}</ref><ref>{{cite news |url=https://www.standard.co.uk/news/first-spanish-minister-to-visit-gibraltar-for-300-years-6728051.html |title=First Spanish minister to visit Gibraltar for 300 years |work=Evening Standard|date=20 July 2009}}</ref>

===British position===
In his evidence to the [[Parliament of the United Kingdom|UK Parliament]] [[Foreign Affairs Select Committee|Foreign Affairs Committee]] in 2008, [[Jim Murphy]] [[Member of Parliament (United Kingdom)|MP]], [[Minister of State for Europe]] stated:<ref name="Answer to Q257 at the FAC hearing">{{cite web|author=The Committee Office, House of Commons |url=https://publications.parliament.uk/pa/cm200708/cmselect/cmfaff/147/8032602.htm |title=Answer to Q257 at the FAC hearing |publisher=Parliament of the United Kingdom |access-date=5 August 2013}}</ref>

<blockquote>The UK Government will never enter into an agreement on sovereignty without the agreement of the Government of Gibraltar and their people. In fact, we will never even enter into a process without that agreement. The word 'never' sends a substantial and clear commitment and has been used for a purpose. We have delivered that message with confidence to the peoples and the Governments of Gibraltar and Spain. It is a sign of the maturity of our relationship now that that is accepted as the UK's position.</blockquote>

The British Government has ruled out the independence of Gibraltar because, according to the British view, under the Treaty of Utrecht it would require Spanish consent,<ref>[https://publications.parliament.uk/pa/cm200506/cmhansrd/vo060327/wmstext/60327m02.htm Statement in the House of Commons by The Secretary of State for Foreign and Commonwealth Affairs, Mr. Jack Straw], 27 March 2006</ref> and has ruled out Gibraltar's integration into the United Kingdom.

{{Blockquote|text = I will note that, in the view of Her Majesty's Government, Gibraltar's right of self determination is not constrained by the Treaty of Utrecht except in so far as Article X gives Spain the right of refusal should Britain ever renounce Sovereignty. Thus independence would only be an option with Spanish consent.}}

The option of integration was rejected on 26 June 1976, when the British Government issued the [[Hattersley Memorandum]] ruling out integration to "avoid innovations which might result in prolongation of the frontier restrictions imposed by Spain."<ref>[https://api.parliament.uk/historic-hansard/written-answers/1976/aug/03/gibraltar Written answer of Mr. Hattersley to Mrs. Hart], HC Deb 3 August 1976 vol 916 cc726-7W.</ref>

===Gibraltarian position===
Gibraltar argues that the Spanish claims are baseless, pointing to the right to [[self-determination]] of all peoples, guaranteed and enshrined by the UN, according to the UN Charter. Its article 1 states that "The Purposes of the United Nations are ... to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples."

To the same section 2 of [[:s:United Nations General Assembly Resolution 1514|Resolution 1514 (XV)]] states: "All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."

Furthermore, resolution 2231 (XXI) itself recalls and demands implementation of Resolution 1514(XV) (guaranteeing Gibraltar's right to self-determination) and therefore it believes that the Spanish claim for its territorial integrity (which would not be affected by Gibraltar's decolonisation) cannot displace or extinguish the rights of the people of Gibraltar under resolution 1514(XV) or under the Charter. From this point of view, any additional right that Spain could claim by virtue of the "reversionary" clause contained in the Treaty of Utrecht is overruled and annulled under article 103 of the [[UN Charter]]: " In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail."

[[File:Gibraltar National Day 027 (9719742224) (2).jpg|thumb|260px|Gibraltar National Day, 2013]]
Finally, it is argued that there is in fact no principle in International Law or UN doctrine that can displace the inalienable right to self-determination. In this regard, in 2008, the UN 4th Committee rejected the claim that a dispute over sovereignty affected self-determination, affirming it to be a basic human right.<ref>{{cite news |url=https://www.un.org/News/Press/docs/2008/gaspd406.doc.htm |title=Following intense debate, Fourth Committee approves amended omnibus text on Non-Self-Governing Territories |publisher=United Nations General Assembly. Department of Public Information |date=20 October 2008 |quote=The Fourth Committee (Special Political and Decolonization) would have the General Assembly reaffirm the inalienable right of the peoples of 11 of the 16 remaining Non-Self-Governing Territories to self-determination by an "omnibus" draft resolution it approved today.}}</ref>

The Gibraltar Government has also argued that Gibraltar is a British territory and therefore by definition not an integral part of any other state, implying that Spain's territorial integrity cannot be affected by anything that occurs in Gibraltar: "Even if integration of a territory was demanded by an interested State it could not be had without ascertaining the freely expressed will of the people, the very [[sine qua non]] of all decolonisation."

In a referendum held in Gibraltar in September 2002, Gibraltarian voters rejected even partial Spanish sovereignty.<ref>
{{cite news
|url=http://news.bbc.co.uk/1/hi/world/europe/2400673.stm
|title=Q&A: Gibraltar's referendum|work=BBC News
|publisher=BBC
|access-date=19 February 2010
| date=8 November 2002
}}
</ref>

Gibraltarians seem to remain distrustful of Spain despite improved relations.<ref>{{cite news |url=http://www.newstatesman.com/gibraltar/newstatesman-gibraltar/2014/05/football-most-political-all-sports |title=Football is the most political of all sports |magazine=New Statesman |date=23 May 2014 |first=Charlotte |last=Simmonds}}</ref><ref name="playthegame.org">{{cite web |author=Kirsten Sparre |url=http://www.playthegame.org/news/news-articles/2006/uefa-makes-gibraltar-wait-for-membership-after-spanish-intervention/ |title=UEFA makes Gibraltar wait for membership after Spanish intervention |publisher=PlaytheGame |date=13 October 2006 |access-date=5 August 2013}}</ref><ref>{{cite web |url=http://www.panorama.gi/localnews/headlines.php?action=view_article&article=5427&offset=0  |title=Caruana repeats the same promises almost every New Year message |work=Panorama|location=Gibraltar}}</ref> In 2022, following increased pressure from the Spanish government, Chief Minister [[Fabian Picardo]] said "Gibraltar will never be Spanish".<ref>{{Cite web |title=Fabian Picardo on getting his message to the world: "Gibraltar will never be Spanish" |url=https://www.prweek.com/article/1228350/fabian-picardo-getting-message-world-gibraltar-will-spanish |access-date=2023-01-10 |website=prweek.com |language=en}}</ref>

===Spanish position===
The traditional Spanish position is based on [[Self-determination#Self-determination versus territorial integrity|territorial integrity]], as per [[:s:United Nations General Assembly Resolution 1514|UN Resolution 1514 (XV)]] (1960), which according to Spain, complements and constrains the right to [[self-determination]]:
<blockquote>
"Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations."
</blockquote>

During the 1960s, the UN General Assembly passed five resolutions on the issue (2231 (XXI), "Question of Gibraltar"<ref>{{cite web | author=UN General Assembly | year=1966 | url=https://digitallibrary.un.org/record/660015?ln=en | title=Question of Gibraltar | work=Resolution 2231(XXI) | publisher=United Nations Digital Library | access-date=11 February 2025}}</ref> and 2353 (XXII), "Question of Gibraltar"<ref>{{cite web | author=UN General Assembly | year=1967 | url=https://digitallibrary.un.org/record/659868?ln=en | title=Question of Gibraltar | work=Resolution 2353(XXII) | publisher=United Nations Digital Library | access-date=11 February 2025}}</ref>). The resolutions on the decolonisation of Gibraltar focused on the "interests" and not the "wishes" of the Gibraltarians. The latter resolution states that:
<blockquote>any colonial situation which partially or completely destroys the national unity and territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations and especially with paragraph 6 of Resolution 1514 (XV) of the General Assembly [...] Invites the Governments of Spain and the United Kingdom of Great Britain and Northern Ireland to resume without delay the negotiations provided for in General Assembly Resolutions 2070 (XX) and 2231 (XXI), with a view to putting an end to the colonial situation in Gibraltar and to safeguarding the interests of the population.</blockquote>

From such a point of view, Gibraltarians are seen as mere "settlers" from the United Kingdom and other countries and only their interests, not their wishes (as the right to self-determination would involve), need be safeguarded. The point of view that they were settlers is supported by the fact that following the 1704 capture of Gibraltar by Anglo-Dutch troops, only around 70 out of the original 5,000 Spanish inhabitants chose to remain in Gibraltar.<ref name="Sayer, Frederick 1865 p.116">Sayer, Frederick (1865) p. 116</ref> Therefore, Spain has insisted that the Gibraltar dispute is a purely bilateral matter with the United Kingdom and has ignored the role and will of the Gibraltarians.

The first formal proposal on how to achieve the return of Gibraltar to Spain was made on 18 May 1966 by the [[Ministry of Foreign Affairs and Cooperation (Spain)|Spanish Minister of Foreign Affairs]], [[Fernando María Castiella y Maíz|Fernando Castiella]]. The proposal comprised three clauses:<ref>{{cite book | author = George Hills | year=1974 |title=Rock of Contention. A History of Gibraltar |publisher=Robert Hale |location=London|isbn=0-7091-4352-4 | page=456 |author-link= George Hills (historian)}}</ref><ref>{{cite book | title=Gibraltar talks with Spain (May–October 1966). Presented to Parliament by the Secretary of State for Foreign Affairs by Command of Her Majesty | author=United Kingdom Secretary of State for Foreign Affairs | publisher=Her Majesty's Stationery Office | year=1966 | location=London | page=36}}</ref>

# "The cancellation of the Treaty of Utrecht and the subsequent return of Gibraltar to Spain."
# "The stay of the British base in Gibraltar, its use being subject to a specific Anglo-Spanish agreement."
# "A 'Personal Statute' for Gibraltarians, under United Nations guarantee, protecting their cultural, social and economic interest in Gibraltar or anywhere else in Spain, including their British nationality. An 'appropriate ... administrative formula' should be also agreed."

The proposal was rejected by the British Government and by the Gibraltarians, which overwhelmingly voted to remain under British sovereignty in a [[1967 Gibraltar sovereignty referendum|referendum held in 1967]] (12,138 to 44).

As a result, the UN General Assembly, during its twenty-third session, adopted resolution 2429 of 1968 (XXIII), denounced the 1967 referendum and requested the United Kingdom not to delay negotiations.<ref>{{cite web |url=http://www.refworld.org/docid/3b00f05654.html |title=Resolution 2429 (XXIII): Question of Gibraltar |date=18 December 1968 |agency=UN General Assembly}}</ref>

No further advance for the Spanish claims was achieved for the following forty years. In view of that, the Spanish position seems to have softened, being redirected towards some form of temporary or permanent arrangement to achieve joint sovereignty, which has been proposed by Spain and discussed with the British Government. Such a proposal was put forward by the Spanish Minister for Foreign Affairs, [[Fernando Morán (politician)|Fernando Morán]], in 1985. The details of the proposal were not made public, but information released showed an offer on a treaty with the United Kingdom to "re-integrate" Gibraltar with Spain, while preserving Gibraltarians' way of life. They would keep their British nationality, as well as their existing political and labour rights, self-government and institutions. Morán proposed that a [[condominium (international law)|condominium]] or leaseback arrangement should be agreed, over a 15 or 20-year period.<ref>{{cite book | first=Peter | last=Gold | title=Gibraltar: British or Spanish? | url=https://books.google.com/books?id=b6SgDQvP3zMC&q=moran+1985&pg=PA66 | page=66 | publisher=Routledge | year=2005 | isbn=0-415-34795-5}}</ref> This proposal was not formally rejected by [[Douglas Hurd]], the British Foreign Secretary, until 1993.

In 1997 a second proposal was made by the Spanish Minister for Foreign Affairs, [[Abel Matutes]], foreseeing a hundred-year period of joint sovereignty before a definite transfer to Spain.<ref>{{cite book | first=Peter | last=Gold | title=Gibraltar: British or Spanish? | url=https://books.google.com/books?id=b6SgDQvP3zMC&q=%22joint+sovereignty%22&pg=PA180 | page=180 | publisher=Routledge | year=2005 | isbn=0-415-34795-5}}</ref> A similar scheme was provisionally agreed between the Spanish and British governments in the spring of 2002, but this was eventually abandoned, after sustained opposition by the Gibraltarians that included the [[2002 Gibraltar sovereignty referendum|Gibraltar sovereignty referendum]] of 2002.

Spain reported to the UN in 2016 that:
*the UK was refusing to negotiate on sovereignty<ref name=UN2006/>{{rp|12/16}}
*the land occupied by the UK was greater than that ceded by the Treaty of Utrecht<ref name=UN2006/>{{rp|13/16}}
*it was the restoration of Spanish territorial integrity that was the key, not self-determination<ref name=UN2006/>{{rp|13/16}}
*the 2006 constitution had not changed the international status of Gibraltar, with the local authorities having no right to interfere in the negotiations about the (according to Spain) illegal occupation of Spanish territory<ref name=UN2006/>{{rp|13/16}}
*Spain would not agree to any situation that was detrimental to people in the area or to the finances of Spain or the EU<ref name=UN2006/>{{rp|13/16}}
*the border checks were EU regulated and designed to stop illegal trafficking of tobacco that was costing the region tax revenue, and that Gibraltar was operating as a tax haven<ref name=UN2006/>{{rp|13/16}}
*Spain was happy to discuss sovereignty issues with the UK and to have four-way ''ad hoc'' discussion on local issues<ref name=UN2006/>{{rp|13/16}}<ref>{{cite web |url=https://www.un.org/News/Press/docs/2009/gacol3192.doc.htm |title=Special Committee on Decolonisation hears petitioner from Gibraltar as Spain opposes its removal from list of non-self-governing territories |agency=UN |date=9 June 2009|url-status=dead|archive-url=https://web.archive.org/web/20161018172351/http://www.un.org/press/en/2009/gacol3192.doc.htm|archive-date=18 October 2016}}</ref>

== Resolution discussions ==

Spain insisted that the Gibraltar dispute is a bilateral matter purely between the United Kingdom and Spain. This principle appears to have been reflected in the United Nations resolutions on the [[decolonisation]] of Gibraltar in the 1960s, which focused on the "interests" of the Gibraltarians. Speaking to the [[Special Committee on Decolonization|UN C24]] in 2006, the [[Chief Minister of Gibraltar]], [[Peter Caruana]], stated that "It is well known and documented and accepted by all that, since 1988, Gibraltar has rejected the bilateral [[Brussels Agreement (1984)|Brussels Process]], and will never be content with it."<ref>{{cite web|url=http://www.gibraltar.gov.gi/latest_news/press_releases/2006/291-2006.pdf|title=Press Release: Chief Minister's address at the United Nations Fourth Committee on 4 October 2006. |access-date=17 October 2008 |date=5 October 2006 |first=Peter |last=Caruana |publisher=Government of Gibraltar |url-status=dead |archive-url=https://web.archive.org/web/20071124172535/http://www.gibraltar.gov.gi/latest_news/press_releases/2006/291-2006.pdf |archive-date=24 November 2007 }}</ref>

With the 2004 return of a [[Spanish Socialist Workers' Party|centre-left government in Spain]], a new Spanish position was adopted and, in December 2005, the governments of the UK, Spain and Gibraltar agreed to set up "a new, trilateral process of dialogue outside the Brussels Process" with equal participation by the three parties, any decisions or agreements to be agreed by all three.<ref name=GGIS>{{cite web |url=https://algarvedailynews.com/news/13886-spain-to-scupper-brexit-deal-over-gibraltar-claim |title=Spain to thwart Brexit deal over Gibraltar claim |agency=Algarve Daily News |year=2018}}</ref> This was ratified by the [[Cordoba Agreement, 2006|2006 Cordoba Agreement]]. After meetings in Malaga (Spain), Faro (Portugal), and Mallorca (Spain), the Spanish foreign minister [[Miguel Ángel Moratinos]] went to Gibraltar in July 2009 to discuss a range of mutual issues. This was the first official Spanish visit since Gibraltar was ceded. The issue of sovereignty was not discussed.<ref>[http://news.bbc.co.uk/2/hi/uk_news/8161061.stm Spain in rare talks on Gibraltar] at [[BBC]] News, 21 July 2009</ref>

From 2010 Spain has claimed that the trilateral dialogue is finished and reverted to the original call for a bilateral agreement with the UK with four way ''ad hoc'' meetings which would include Campo de Gibraltar.

==Gibraltar political development==
The Gibraltarians have sought a more modern status and relationship with the United Kingdom reflecting and expanding the present level of [[self-governance|self-government]].

A new [[Gibraltar Constitution Order 2006|constitution order]] was approved in a referendum in 2006, which moved Gibraltar to a more [[Crown dependency]]-like relationship with the UK, rather than the previous colonial status.<ref>{{cite news |url=http://www.chronicle.gi/Features/Gib%20Day/Gib%20Day.htm |title=Gib Day Celebrates 300 Years of 'Gibraltar and Britain' |work=The Gibraltar Chronicle |date=27 October 2004 |url-status=dead |archive-url=https://web.archive.org/web/20060207064755/http://www.chronicle.gi/Features/Gib%20Day/Gib%20Day.htm |archive-date=7 February 2006}}</ref> The new constitution came into effect in January 2007. Gibraltar is classified as a [[British overseas territory]].

In a letter to the UN the British representative, [[Emyr Jones Parry]], writes: "The new constitution provides for a modern relationship between Gibraltar and the United Kingdom. I do not think that this description would apply to any relationship based on colonialism."<ref>{{cite web |year=2007 |url=http://www.panorama.gi/localnews/headlines.php?action=view_article&article=1941 |title=New Constitution recognises right to self-determination, Britain tells UN |work=Panorama|location=Gibraltar |access-date=1 March 2009}}</ref>

Chief Minister [[Peter Caruana]] addressed the UN Special Committee on Decolonization regarding the new constitution in 2008. He put forth Gibraltar Government's view that "As far as we are concerned, the decolonisation of Gibraltar is no longer a pending issue."<ref>{{cite web | author=UN General Assembly | year=2008 | url=https://www.un.org/News/Press/docs/2008/gacol3179.doc.htm | title=As Special Committee on Decolonization considers question of Gibraltar, territory's chief minister says its decolonization 'no longer pending.' | work=Special Committee on Decolonization Ninth Meeting | publisher=United Nations | access-date=1 March 2009}}</ref>

Parallel with this, the Government of Gibraltar has engaged in talks with Spain to resolve other disputes, setting aside the issue of sovereignty.

==Areas of contention==
===Isthmus===
{{Main|Disputed status of the isthmus between Gibraltar and Spain}}
The territory of Gibraltar contains an {{convert|800|m|yd|-2}} section of the [[isthmus]] that links the Rock<ref>Gibraltar is frequently known as ''The Rock''</ref> with Spain. It is argued by Spain that this section of the isthmus was never ceded by Spain; rather, it was gradually occupied ''de facto'' by the British.<ref>{{cite news |last=Durán-Loriga |first=Juan |title=Gibraltar en el Tratado de Utrecht |url=http://www.abc.es/20090202/opinion-/gibraltar-tratado-utrecht-200902020608.html |newspaper=ABC|location=Spain |date=9 February 2002 |language=es}}</ref>

The growth of Gibraltar onto the southern half of the isthmus began with the construction of two forts in the northernmost part of the ceded territory. In 1815, Gibraltar suffered a [[yellow fever]] epidemic. This led to a Spanish concession so a temporary quarantine health camp could be built on the isthmus. After the plague was over, the British did not remove the camp. In 1854, a new epidemic prompted more health camps, which eventually gained Gibraltar these extra 800 metres (½ mile) of land. The occupation of the isthmus culminated in 1938–1939 with the construction of the [[Gibraltar International Airport|aerodrome]] during the [[Spanish Civil War]].<ref>{{Cite web|title=Airport History|url=http://gibraltarairterminal.com/cms/index.php/at-the-airport/airport-history|access-date=2020-09-13|website=gibraltarairterminal.com}}</ref>

The Treaty of Utrecht did not mention British sovereignty over Gibraltar beyond the fortified perimeter of the town as it was in 1713. However the Treaty ceded the town "together with the port, fortifications, and forts thereunto belonging", which included several forts along the line of the current frontier.{{Citation needed|date=September 2020}} The United Kingdom [[Prescription (sovereignty transfer)|further claims]] title to the southern half of the isthmus based on continuous possession over a long period.

The territory north of the current border had been occupied by Spain in the 1730s, during the construction of the so-called [[Spanish Lines]] or more properly [[Lines of Contravallation of Gibraltar]].

===Territorial waters===

Both the United Kingdom and Spain have ratified the [[United Nations Convention on the Law of the Sea]] of 1982, which governs countries' oceanic territorial claims. Both countries made statements regarding Gibraltar in their declarations upon ratification of the Convention.  The Spanish statement was:

<blockquote>2. In ratifying the Convention, Spain wishes to make it known that this act cannot be construed as recognition of any rights or status regarding the maritime space of Gibraltar that are not included in article 10 of the Treaty of Utrecht of 13 July 1713 concluded between the Crowns of Spain and Great Britain. Furthermore, Spain does not consider that Resolution III of the Third United Nations Conference on the Law of the Sea is applicable to the colony of Gibraltar, which is subject to a process of decolonization in which only relevant resolutions adopted by the United Nations General Assembly are applicable.<ref>{{cite web |url=https://www.un.org/Depts/los/convention_agreements/convention_declarations.htm#Spain%20Upon%20signature |title=United Nations Convention on the Law of the Sea: Declarations made upon signature, ratification, accession or succession or anytime thereafter (Spain) |agency=UN}}</ref></blockquote>

The British government responded to the Spanish statement in their own statement:

<blockquote>With regard to point 2 of the declaration made upon ratification of the Convention by the Government of Spain, the Government of the United Kingdom has no doubt about the sovereignty of the United Kingdom over Gibraltar, including its territorial waters. The Government of the United Kingdom, as the administering authority of Gibraltar, has extended the United Kingdom's accession to the Convention and ratification of the Agreement to Gibraltar. The Government of the United Kingdom, therefore, rejects as unfounded point 2 of the Spanish declaration.<ref>{{cite web |url=https://www.un.org/Depts/los/convention_agreements/convention_declarations.htm#UK%20Upon%20accession |title=United Nations Convention on the Law of the Sea: Declarations made upon signature, ratification, accession or succession or anytime thereafter (United Kingdom) |agency=UN}}</ref></blockquote>

However, Articles 309 and 310 of the Convention state that "No reservations or exceptions may be made to this Convention unless expressly permitted by other articles of this Convention", and that if a signatory state makes a declaration upon ratification, that declaration must "not purport to exclude or to modify the legal effect of the provisions of this Convention in their application" to that state.<ref>{{cite web | title=United Nations Convention on the Law of the Sea: Part XVII, Final Provisions| url=https://www.un.org/Depts/los/convention_agreements/texts/unclos/part17.htm|publisher=United Nations| access-date=4 April 2017| date=10 December 1982}}</ref>

The dispute over territorial waters, which was rekindled in 2013 following a fishing dispute<ref>{{cite web | url=http://www.upi.com/Business_News/Energy-Resources/2013/09/16/Spain-threatens-Court-of-Justice-suit-over-Gibraltar-fishing-dispute/UPI-38241379325600/ |title=Spain threatens Court of Justice suit over Gibraltar fishing dispute |publisher=UPI News |date=16 September 2013}}</ref> seems likely to become more important with the discovery of a British treasure ship, [[HMS Sussex (1693)|HMS ''Sussex'']], and the [[Black Swan Project]] controversy.

Questions about the waters have previously been asked in the [[House of Commons of the United Kingdom|House of Commons]], and answered as follows:
<blockquote>Under international law, States are entitled, but not required, to extend their territorial sea up to a maximum breadth of 12 nautical miles. Where the coasts of two States are opposite or adjacent, the general rule is that neither is entitled, unless they agree otherwise, to extend its territorial sea beyond the median line. The UK Government considers that a limit of three nautical miles is sufficient in the case of Gibraltar.</blockquote>

The Government of Gibraltar for its part holds that there is no economic or social need for more than three nautical miles of territorial water, limited to two nautical miles to the west in the [[Bay of Gibraltar]] due to the median line between British and Spanish land.<ref name=castillo-2011/>

At the end of 2008, the European Commission included most of the territorial waters that surround Gibraltar under a marine conservation area known as the "Estrecho Oriental" that will be maintained by Spain. The UK initiated legal proceedings with the support of Gibraltar, which were initially rejected by the [[General Court (European Union)|General Court]] on procedural grounds. A 2011 appeal was dismissed, again on procedural grounds.<ref>{{cite news | url=http://www.elpais.com/articulo/english/EU/Court/dismisses/Gibraltar/waters/case/elpepueng/20110602elpeng_7/Ten |title=EU Court dismisses Gibraltar waters case |newspaper=El País |date=2 June 2011}}</ref> The European Court of Justice had again ruled against that appeal in 2012.<ref>{{cite news | url=http://en.mercopress.com/2012/11/30/eu-court-of-justice-confirms-spain-has-a-listed-nature-site-in-gibraltar-waters |publisher=MercoPress |title=EU Court of Justice confirms Spain has a listed nature site in Gibraltar waters |date=30 November 2012}}</ref>

There have been disputes concerning Spanish patrol boats inside these claimed territorial waters. In May 2009 there was a number of Spanish incursions into British-claimed waters around Gibraltar, including by a Spanish Navy fisheries protection vessel, leading to intervention by police and a diplomatic protest by the UK.<ref>{{cite news | url=http://en.mercopress.com/2009/05/23/angry-uk-reaction-to-spanish-navy-incident-in-gibraltar-waters |title=Angry UK reaction to Spanish navy incident in Gibraltar waters |date=23 May 2009 |publisher=MercoPress}}</ref><ref>{{cite news | url=http://www.express.co.uk/posts/view/102828/Return-of-the-Armada-as-Spain-invades-Gibraltar |title=Return of the Armada as Spain 'invades' Gibraltar |date=23 May 2009 |last=Milland |first=Gabriel}}</ref>

Under the United Nations Convention on the Law of the Sea, vessels passing through the Strait of Gibraltar do so under the regime of [[transit passage]], rather than the more limited [[innocent passage]] allowed in most territorial waters.<ref name=castillo-2011>{{cite report |url=http://www.ieee.es/en/Galerias/fichero/docs_opinion/2011/DIEEEO29-2011_DelimitationSpanishMarineWatersGibraltar_VLGutierrezCastillo_ENGLISH.pdf |title=The Delimitation of the Spanish Marine Waters in the Strait of Gibraltar |author=Víctor Luis Gutiérrez Castillo |publisher=Spanish Institute for Strategic Studies |date=April 2011 |access-date=5 July 2019}}</ref><ref>{{cite web |url=https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1172 |title=Gibraltar, Strait of |author=Donald R Rothwell |work=Oxford Public International Law |publisher=Oxford University Press |year=2009 |access-date=6 July 2019|doi=10.1093/law:epil/9780199231690/e1172|isbn=9780199231690 }}</ref>

===Economy===
{{Main|Economy of Gibraltar}}

The Spanish government argued<ref name="elpais.com">{{cite news |last1=Duva |first1=Jesús |title=España Pedirá que Gibraltar Vuelva a la Lista Negra de Paraísos Fiscales |url=http://elpais.com/diario/2008/03/16/economia/1205622001_850215.html |newspaper=El País |date=16 March 2008 |last2=Gómez |first2=Luis |language=es}}</ref> that Gibraltar's tax schemes harm the Spanish economy. In January 2005, the [[European Commissioner for Competition]] requested the UK (responsible for Gibraltar's external relations) to abolish Gibraltar's tax-exempt company regime by the end of 2010 (at the latest) on the basis that it constitutes illegal state aid that could distort competition.<ref>{{cite web|url=http://europa.eu/rapid/press-release_IP-05-201_en.htm |title=State aid: Commission welcomes phasing out of tax benefits for Offshore Exempt Companies in Gibraltar |agency=European Commission |date=18 February 2005}}</ref> 

The Spanish government wanted to increase the exchange of fiscal information<ref name="elpais.com"/> to prevent Gibraltar banks being used for [[tax avoidance and tax evasion|tax evasion]] and [[money laundering]]. The British government wanted concrete evidence of wrongdoing to warrant an investigation as Gibraltar has always complied with all international and EU requirements to prevent such activity.<ref>{{cite web|author=The Committee Office, House of Commons |url=https://publications.parliament.uk/pa/cm199899/cmselect/cmfaff/366/36606.htm |title=House of Commons – Foreign Affairs – Fourth Report |publisher=Parliament of the United Kingdom |date=22 June 1999}}</ref> In 2009 Gibraltar had signed a number of [[Tax Information Exchange Agreements]] (TIEAs), with jurisdictions including the UK, USA and Germany,<ref>{{cite web|url=http://www.chronicle.gi/headlines_details.php?id=17495 |title=Gibraltar 'white-listed' by OECD |access-date=22 October 2009 |date=22 October 2009 |work=The Gibraltar Chronicle |archive-url=https://web.archive.org/web/20110927140904/http://www.chronicle.gi/headlines_details.php?id=17495 |archive-date=27 September 2011 |url-status=dead}}</ref> Gibraltar was listed in the OECD "white list". It is currently listed as "largely compliant" by the OECD's [[Global Forum on Transparency and Exchange of Information for Tax Purposes]].<ref>{{cite web|url=http://www.oecd.org/tax/transparency/GFratings.pdf |title=GF ratings|publisher=Organisation for Economic Co-operation and Development}}</ref>

Gibraltar had not signed a mutual agreement directly with Spain to exchange fiscal information, until in 2019, ''the International Agreement on Taxation and Protection of Financial Interests between Spain and the United Kingdom on Gibraltar'' was signed by all three countries.<ref>{{cite web |title=New tax agreement between Spain and Gibraltar |url=https://www.blevinsfranks.com/new-tax-agreement-between-spain-and-gibraltar/ |date=29 April 2021}}</ref> This agreement covers such issues as tax co-operation between the authorities in Gibraltar and Spain, the criteria for tax residence of individuals and companies and procedures for administrative cooperation.

There have been claims that some Gibraltarian [[motorboat]]s are engaging in drugs and tobacco smuggling.<ref>{{cite news|url=https://www.independent.co.uk/news/world/europe/fears-grow-over-gibraltars-drugrunners-1389531.html |archive-url=https://ghostarchive.org/archive/20220524/https://www.independent.co.uk/news/world/europe/fears-grow-over-gibraltars-drugrunners-1389531.html |archive-date=24 May 2022 |url-access=subscription |url-status=live|title=Fears grow over Gibraltar's drug-runners|date=13 December 1994|work=The Independent|quote=Multi-million pound cigarette smuggling, rising drugs traffic using Gibraltar-based boats and growing reports of money-laundering by big-time crooks, including Arabs and Colombians based on Spain's Costa del Sol, are causing increasing concern in both Whitehall and Madrid.}}</ref> However, since 1996 there has been a [[Law of Gibraltar|law in Gibraltar]] controlling fast launches licensing their ownership and importation and prohibiting the entry of unlicensed craft into Gibraltar waters. In 2014, inspectors from the EU's fraud office OLAF wrote to the Spanish governments urging an investigation of tobacco smuggling, amid revelations that Gibraltar, with a population of less than 30,000, imported 117 million packets of cigarettes in 2013.<ref>{{cite web |title=Spain to investigate Gibraltar smuggling after EU recommendation |url=https://english.elpais.com/elpais/2014/08/11/inenglish/1407756773_042213.html#:~:text=The%20government%20says%20that%20more,cigarettes%20a%20day%2C”%20says%20a |date=11 August 2014}}</ref> In 2015, Spanish authorities broke up a major tobacco smuggling operation, seizing 65,000 packs of cigarettes, five boats, two firearms, communications equipment and €100,000 cash.<ref name="snt">{{cite news|url=http://spanishnewstoday.com/gibraltar-cigarette-smugglers-busted-by-spanish-authorities_20976-a.html|title=Gibraltar cigarette smugglers busted by Spanish authorities|date=23 February 2015|publisher=Spanish News Today}}</ref> Authorities estimated the group was smuggling 150,000 packs of contraband tobacco into Spain every week.<ref name="snt"/>

===Military importance===
Military control of the [[Strait of Gibraltar]] has historically been the most important use of Gibraltar, allowing Britain to defend its trade lanes to the East. The British admiral [[John Fisher, 1st Baron Fisher|Lord Fisher]] stated that [[Gibraltar]] was one of the five keys that locked the world, together with [[Dover]], [[Alexandria]], [[Cape of Good Hope]] and Singapore, all of which have been controlled by Britain at one point.<ref>{{cite book |last1=James |first1=Lawrence |author-link1=Lawrence James |year=1995 |title=The Rise and Fall of the British Empire |url=https://books.google.com/books?id=4DMS3r_BxOYC&pg=PA251 |edition=1st U.S. |location=New York |publisher=St. Martin's Griffin |page=251 |isbn=0-312-16985-X }}</ref>

Its military relevance has reduced with the construction in 1953 of the US [[Naval Station Rota]] (the biggest Allied base in the area) and with the end of the [[Cold War]], but it is still an important position as more than one quarter of the global maritime traffic transits through the strait every year.{{citation needed|date=November 2016}} Controlling the strait is of vital importance to NATO. The task of controlling the strait has been traditionally assigned by NATO to the UK, but the recent advances that Spain has made in its armed forces and the bases Spain has in the zone have made NATO reconsider this.<ref>{{cite web|url=http://www.lafogata.org/003euro/euro5/e07.htm |title=Cumbre de la OTAN en Madrid  |publisher=La Fogata |language=es |date=25 May 2003}}</ref> However, the tense relations that Spain had with the American administration under [[George W. Bush]] and the [[Special Relationship|special friendship of the US with the UK]] have caused NATO to take a more favourable position towards the UK and Morocco for control of the strait.<ref>{{cite web|author=Paloma Cervilla |url=http://www.abc.es/20090309/nacional-nacional/espana-cede-control-estrecho-20090309.html |title=España cede el control del Estrecho |date=9 March 2009 |work=ABC|location=Spain |language=es}}</ref>

==Re-emergence of dispute==

===1953: Rekindling the dispute===
In May 1954, despite objections by Spain, [[Elizabeth II|Queen Elizabeth II]] visited Gibraltar. Spanish dictator [[Francisco Franco]] had renewed claims to The Rock. [[British National Archives]] files from 1953 show that Franco claimed that Spain had been promised The Rock in return for staying neutral during the [[Second World War]]. The [[Foreign and Commonwealth Office]] (FCO) conducted a full review of their files to see whether Franco's claim had any foundation. Said Spanish communiqué did exist; however, a confidential memo called it "a flimsy and unconvincing document", and the Government put an end to the dispute by refusing to comment on the claims.<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/uk_news/4117495.stm |title=Files reveal 1953 Gibraltar row |work=BBC News |date=2 January 2005}}</ref>

===1967 and 2002 referendums===
In a [[1967 Gibraltar sovereignty referendum|1967 referendum on sovereignty]] organised by the British Government, 99.6% of voters voted to remain under British sovereignty.

In a second [[2002 Gibraltar sovereignty referendum|referendum on sovereignty]] held in November 2002 by the Government of Gibraltar, 187 voted yes (1%) and 17,900 voted no (99%) on the proposal of sharing sovereignty with Spain.<ref>{{cite web|url=http://www.electionguide.org/elections/id/65/|title=Gibraltar sovereignty referendum result|publisher=IFES}}</ref> The question put was:
[[File:Gdemo2.jpg|thumb|25,000 [[Gibraltarian people|Gibraltarians]] demonstrate against joint sovereignty proposals on 18 March 2002]]
<blockquote>On the 12 July 2002 the Foreign Secretary, Jack Straw, in a formal statement in the House of Commons, said that after twelve months of negotiation the British Government and Spain are in broad agreement on many of the principles that should underpin a lasting settlement of Spain's sovereignty claim, which included the principle that Britain and Spain should share sovereignty over Gibraltar.<br/><br/>
Do you approve of the principle that Britain and Spain should share sovereignty over Gibraltar?</blockquote>

Spanish reaction varied from questioning the validity of the process, to observing that no Spanish government has done enough to make joint sovereignty or integration with Spain an attractive prospect.<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/europe/2420945.stm |title=Media reaction to the referendum |work=BBC News |date=8 November 2002}}</ref>

It is reported that Spanish "secret funds" were used to create a favourable opinion in Gibraltar to the Spanish sovereignty claim.<ref>{{cite web|url=http://www.panorama.gi/localnews/headlines.php?action=view_article&article=5438&offset=0 |title=Secret funds and Spanish spies in Gibraltar today |work=Panorama|location=Gibraltar}}</ref> How the money was spent remains uncertain.

===Spanish restrictions===
[[File:Gibraltar border 1977.jpg|right|thumb|The closed Spanish gate at the border between Gibraltar and Spain, 1977]]
After the 1978 [[Spanish constitution]] became law, Spain was still reluctant to re-open the border because of the consequences it might have.{{citation needed|date=November 2016}} However the border was re-opened in 1984, allowing free access between both sides, although Spain did not open ferry services until later. Further problems have been encountered regarding the airport, as it is placed on disputed neutral land. Under the [[Lisbon Agreement, 1980|Lisbon Agreement]] of 1980:

<blockquote>Both Governments have reached agreement on the re-establishment of direct communications in the region. The Spanish Government has decided to suspend the application of the measures at present in force.</blockquote>

This was to include reinstatement of a ferry service between Gibraltar and [[Algeciras]]. This was finally reinstated after 40 years, on 16 December 2009, operated by the Spanish company Transcoma.<ref>{{cite news |url=http://en.mercopress.com/2009/12/18/new-year-for-gibraltaralgeciras-ferry-route-reopened-after-four-decades |title=New Year for Gibraltar/Algeciras: ferry route reopened after four decades |publisher=MercoPress |date=18 December 2009}}</ref>

At the end of 2006, the restrictions on the airport were removed as a result of the Córdoba Agreement (2006) and direct flights from Madrid by [[Iberia airlines|Iberia]] started operation.<ref>{{cite web |url=http://www.gibnews.net/cgi-bin/gn_view.pl/?GPIX061216_1.xml |title=First Iberia flight |publisher=Gibnews.net |url-access=registration }}</ref>

On 22 September 2008, however, Iberia announced that it would cease its flights to Madrid by 28 September due to "economic reasons", namely, lack of demand. This left Gibraltar without any air links with Spain,<ref>{{cite web |url=https://www.euroresidentes.com/euroresiuk/news-spain/flights-between-madrid-and-gibraltar |title=Flights between Madrid and Gibraltar suspended
|date=23 September 2008
|publisher=Euroresidentes UK}}</ref> until May 2009 when [[Ándalus Líneas Aéreas|Air Andalus]] opened a service.<ref>{{cite web|url=http://www.gibnews.net/cgi-bin/gn_view.pl/?GPIX090429_1.xml |title=Air Andalus flys from Gibraltar |publisher=Gibnews.net |url-access=registration }}</ref> Air communications with Spain ceased again in August 2010, when Air Andalus lost its licence.

Spain demonstrated opposition to [[Gibraltar Football Association|Gibraltar's membership]] of [[UEFA]],<ref>{{cite news |url=https://www.telegraph.co.uk/news/worldnews/1537930/Rocky-road-for-Gibraltars-footballers.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/worldnews/1537930/Rocky-road-for-Gibraltars-footballers.html |archive-date=12 January 2022 |url-access=subscription |url-status=live |title=Rocky road for Gibraltar's footballers |date=27 December 2006| first=Fiona |last=Govan |work=The Daily Telegraph}}{{cbignore}}</ref> which Gibraltar joined in 2013.

===Disputes prior to Brexit===
2000&nbsp;– An issue of contention was the repair of the [[Nuclear submarine|nuclear powered submarine]], {{HMS|Tireless|S88|6}}. The Government of Spain expressed its concern about the effective safety for the inhabitants of Gibraltar and the some 250,000 people living in the ''[[Campo de Gibraltar]]'', the adjacent area in Spain.

The inhabitants of the area saw this repair as a precedent of future repair operations in Gibraltar rather than the one-off emergency the British Government has claimed (no other nuclear submarine has been repaired in Gibraltar since). On the other hand, the Government of Gibraltar accused Spain of using this incident as an excuse to justify its 300-year-old sovereignty claim to Gibraltar. Despite many protests, the Government of Gibraltar allowed the work to be done after employing its own experts to confirm it could be undertaken safely. The submarine was in Gibraltar for a year before leaving, during which the repair was completed without incident.

Subsequently, Spanish politicians have complained about every nuclear submarine visit to Gibraltar, and have tried unsuccessfully to get a reassurance that this would totally stop. There have been no further protests against nuclear submarines in Gibraltar. Commenting, the Government of Gibraltar said: "Nuclear submarine visits to Gibraltar are a matter for the UK and Gibraltar. Visits for operational or recreational purposes are welcomed by the Gibraltar Government ... To our knowledge, it is not the position of the present Spanish Government or any previous Spanish Government, that it is opposed to visits by nuclear submarines."{{citation needed|date=November 2016}}

2002&nbsp;– In the months that predated the referendum called by the Gibraltar government on the joint sovereignty agreement disagreements could be categorised as:<ref>{{cite web |title=Gibraltar HC Deb 12 July 2002 vol 388 cc1165-80 |url=https://api.parliament.uk/historic-hansard/commons/2002/jul/12/gibraltar |work=[[Hansard|Parliamentary Debates (Hansard)]] |date=12 July 2002}}</ref>
* Control of the military installations. Spain wished to control the military installations of the territory, even in the event of joint sovereignty. This pretension was considered unacceptable by the [[Ministry of Defence (United Kingdom)|British Ministry of Defence]].
* The referendum itself. Both the Spanish and British governments stated that the referendum had no legal effect, but it clearly indicated the democratically expressed will of the people of Gibraltar to "not be Spanish". As the British Government is committed to respect those wishes, the idea of a joint sovereignty deal has been abandoned.

2004&nbsp;– A visit by [[Anne, Princess Royal|The Princess Royal]] in June 2004, the brief return of HMS ''Tireless'' in July 2004, together with the [[Gibraltar Tercentenary Celebrations|Tercentenary Celebrations]] of the capture of The Rock were subjects of complaint by the Spanish Government.

A new round of talks on a tri-lateral basis were proposed in October 2004 to discuss regional co-operation. In February 2005 the first talks took place at a meeting held in Málaga and subsequently in [[Portugal]] and London.

This is the first sign of formal recognition of the Government of Gibraltar, and has been generally welcomed.<ref>{{cite web |title=Spain, Britain, Gibraltar agree airport deal |url=https://www.expatica.com/es/general/spain-britain-gibraltar-agree-airport-deal-44496/ |date=10 February 2005}}</ref> The main issues of the talks have been a new agreement on the [[Gibraltar Airport|airport]], the pensions of the Spanish workers that worked in Gibraltar during the 1960s, and the removal of [[Telephone numbers in Gibraltar|Spanish restrictions on telecommunications]].

2006&nbsp;– Those issues were successfully resolved in September 2006 in the [[Córdoba Agreement]]. The process continues.

2007&nbsp;– A bulk carrier, the {{MV|New Flame}}, ran aground south of [[Europa Point]] in Gibraltar and broke up on the [[reef]] in August 2007, generating accusations of pollution in Spain and claims not only against the Government of Gibraltar but also against that of Spain.<ref>[http://www.ecologistasenaccion.org/spip.php?article9263 El New Flame ha vertido a la Bahía de Algeciras], 2007 October {{in lang|es}}</ref> Its cargo was scrap metal and the vessel's fuel was promptly drained.<ref>{{cite press release
 |title=Report on the investigation of the collision between MV New Flame & MT Torm Gertrud
 |publisher=Gibraltar Maritime Administration
 |date=12 August 2007
|url=http://www.gibmaritime.com/modules/downloadFile.php?fileID=128|url-status=usurped
 |archive-url=https://web.archive.org/web/20130312091134/http://www.gibmaritime.com/modules/downloadFile.php?fileID=128
 |archive-date=12 March 2013}}</ref><ref>{{cite web |title=El buque chatarrero encallado en Algeciras corre el riesgo de partirse en dos a causa del oleaje |url=http://www.diariovasco.com/20070821/mas-actualidad/sociedad/buque-chatarrero-encallado-algeciras-200708211441.html |language=es |publisher=diariovasco.com |date=21 August 2007}}</ref><ref>{{cite web|url=http://www.iht.com/articles/ap/2007/08/22/europe/EU-GEN-Spain-Gibraltar-Ship.php |title=Ship carrying 27,000 tons of scrap about to split in two off Gibraltar: officials |date=22 August 2007 |work=[[International Herald Tribune]] |url-status=dead |archive-url=https://web.archive.org/web/20080905200718/http://www.iht.com/articles/ap/2007/08/22/europe/EU-GEN-Spain-Gibraltar-Ship.php |archive-date=5 September 2008}}</ref> The Government of Gibraltar claimed in December 2007 that the operation did not represent a material risk to the environment since the vessel had been defuelled and only small, remnant amounts of fuel remained in the engines themselves.<ref>{{cite web |url=http://www.fortunes-de-mer.com/old/rubriques/liens%20et%20contacts/detailsactualites/New%20Flame%202007.htm |title=New Flame collision |publisher=Fortunes de Mer |date=12 August 2007}}</ref> The Spanish branch of [[Greenpeace]] claimed that, as late as February 2008, fuel spills from the New Flame had polluted Spanish beaches around the [[Bay of Gibraltar]].<ref>[http://www.greenpeace.org/espana/news/greenpeace-se-ala-la-gravedad Greenpeace señala la gravedad del último vertido del New Flame], 11 February 2008th {{in lang|es}}.</ref> Official Spanish sources played this down stating that the fuel reaching the beaches of Algeciras was in "insignificant amounts".<ref>{{cite web|url=http://www.europasur.es/article/andalucia/51891/espana/llama/consultas/la/embajadora/reino/unido/por/la/actuacion/gibraltar.html |title=Spanish Environment Minister Cristina Narbona comments |date=11 February 2008 |publisher=Europasur.es |access-date=5 August 2013}}</ref>

2009&nbsp;– The dispute over British-claimed territorial waters gained prominence with deliberate incursions by Spain, triggering angry headlines in the UK tabloid press.<ref name="Return of the Armada">{{cite web|last=Milland |first=Gabriel |url=http://www.express.co.uk/posts/view/102828/Return-of-the-Armada-as-Spain-invades-Gibraltar |title=Return of the Armada |date=23 May 2009 |work=Daily Express |access-date=5 August 2013}}</ref> In December 2009, four armed [[Civil Guard (Spain)|Civil Guard]] officers were detained after three landed in Gibraltar in pursuit of two suspected smugglers, who were themselves arrested. The Spanish Interior Minister [[Alfredo Pérez Rubalcaba]] personally telephoned Chief Minister [[Peter Caruana]] to apologise, stating that there were "no political intentions" behind the incident. The Chief Minister was prepared to accept it had not been a political act. The Spanish officers were released by the police the following day, who said that "Enquiries established that the Guardia Civil mistakenly entered Gibraltar Territorial Waters in [[hot pursuit]] and have since apologised for their actions."<ref>{{cite news |url=http://www.gibnews.net/cgi-bin/gn_view.pl/?RGPX091207_1.xml |title=Incident at Harbour Views |url-access=registration |date=7 December 2009 |publisher=Gibnews.net}}</ref><ref>{{cite web |url=http://www.thinkspain.com/news-spain/17394/guardia-civil-officers-officers-detained-by-gibralatar-police |title=Guardia Civil Officers officers detained by Gibralatar Police |publisher=ThinkSpain |date=8 December 2009}}</ref>

2012&nbsp;– [[Queen Sofía of Spain]] cancelled plans to travel to the United Kingdom to participate in the [[Diamond Jubilee of Elizabeth II]]. The cancellation was a protest in response to a planned visit to Gibraltar by Prince Edward. The Spanish government also lodged a protest to the planned visit by [[Prince Edward, Earl of Wessex]]. Relations between Britain and Spain reportedly "returned to a state of growing confrontation" following the election of Spanish prime minister [[Mariano Rajoy]] of the [[People's Party (Spain)|People's Party]] in December 2011.<ref>{{cite news|title=Spanish queen's jubilee snub over Prince Edward's Gibraltar visit|newspaper=The Guardian|date=16 May 2012|url=https://www.theguardian.com/uk/2012/may/16/spanish-queen-jubilee-snub-gibraltar}}</ref> Additional protests followed in August 2012 after Gibraltar abrogated an accord that allowed Spanish fishing boats to operate in its waters.<ref>{{cite news|title=Spain protests to Britain over Gibraltar fishing ban|date=17 August 2012|publisher=Fox News Latino|url=http://latino.foxnews.com/latino/politics/2012/08/17/spain-protests-to-britain-over-gibraltar-fishing-ban/}}</ref><ref>{{cite news|title=Spain protests about Gibraltar stance on fishing |date=19 August 2012 |publisher=Typically Spanish |url=http://www.typicallyspanish.com/news/publish/article_35558.shtml |url-status=dead |archive-url=https://web.archive.org/web/20121010220104/http://www.typicallyspanish.com/news/publish/article_35558.shtml |archive-date=10 October 2012 }}</ref>

2013&nbsp;– Disagreements between Spain and the United Kingdom Government re-surfaced in July 2013, initially after the [[Government of Gibraltar|Gibraltar Government]] placed a number of concrete blocks in the sea off the coast of Gibraltar, intending to form an artificial reef. The Spanish Government protested however stating that it had a negative impact on fishing in the area, restricting access for Spanish fishing vessels. At the end of July the Spanish Government introduced extra border checks for people going in and out of the territory into Spain. The British Government protested as the checks were causing major delays of up to seven hours while people waited to cross the border, and on 2 August the Spanish Ambassador was summoned to the British Foreign and Commonwealth Office in London to discuss these developments.<ref>{{cite news|title=Britain Summons Spanish Ambassador Over Gibraltar Border Checks|url=https://www.telegraph.co.uk/travel/destinations/europe/gibraltar/10219694/Britain-summons-Spanish-ambassador-over-Gibraltar-border-checks.html|archive-url=https://web.archive.org/web/20130806021830/http://www.telegraph.co.uk/travel/destinations/europe/gibraltar/10219694/Britain-summons-Spanish-ambassador-over-Gibraltar-border-checks.html|url-status=dead|archive-date=6 August 2013|access-date=5 August 2013|newspaper=The Telegraph|date=2 August 2013}}</ref>

On 2 August 2013, Spanish foreign minister José Manuel Garcia-Margallo gave an interview to Spain's ''ABC'' newspaper. He announced possible plans to introduce a 50 euro border crossing fee for people going to and from Gibraltar, in response to the creation of the artificial reef. Plans to close Spanish airspace to Gibraltar bound flights were also reported, as were plans for an investigation by Spanish tax authorities into property owned by around 6,000 Gibraltarians in neighbouring parts of Spain. The Spanish foreign minister also mooted plans to changes in the law meaning British online gaming companies based in Gibraltar would have to base servers in Spain, meaning that they would come under Madrid's tax regime.

The British Foreign office responded to these comments: "The prime minister has made clear that the UK government will meet its constitutional commitments to the people of Gibraltar and will not compromise on sovereignty."<ref>{{cite news|title=Gibraltar Row Will Be Resolved, Says UK Foreign Office|url=https://www.bbc.co.uk/news/uk-23567982|access-date=5 August 2013|publisher=BBC|date=4 August 2013}}</ref>

===Effect of Brexit===
{{main|Effect of Brexit on Gibraltar}}

After the United Kingdom [[Brexit|voted to leave the European Union]], despite a strong vote to remain in Gibraltar, on 23 June 2016, Spain reiterated its position that it wanted to jointly govern Gibraltar with the United Kingdom and said it would seek to block Gibraltar from participating in talks over future deals between the UK and EU.<ref>{{Cite web|url=http://uk.reuters.com/article/uk-britain-eu-gibraltar-idUKKCN0ZA169|archive-url=https://web.archive.org/web/20160624084308/http://uk.reuters.com/article/uk-britain-eu-gibraltar-idUKKCN0ZA169|url-status=dead|archive-date=24 June 2016|title=Spain seeks to jointly govern Gibraltar after Brexit|language=en-GB|access-date=2016-06-25}}</ref> The European council released a series of guidelines on negotiations for withdrawal, with core principal number 22 stating that any agreement affecting Gibraltar needed the agreement of Spain<ref>{{Cite web|url=http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/31_03_17_eu_draft_guidelines.pdf|title=Draft guidelines following the United Kingdom's notification under Article 50 TEU|language=en-GB|access-date=2017-04-01}}</ref> suggesting that Spain had been given a veto while the United Kingdom re-iterated its commitment to Gibraltar.

===EU Withdrawal Agreement===

On 18 October 2018, Spanish prime minister [[Pedro Sánchez (politician)|Pedro Sánchez]] announced that he had reached an agreement with Britain, declaring that a special protocol about Gibraltar was being prepared along with the [[UK Government]] and was hopeful to reach a good agreement for both parties.<ref>{{cite news|url=https://www.reuters.com/article/us-britain-eu-gibraltar-idUSKCN1MS2DH|title=Spain says agreement reached on Gibraltar status in Brexit...|newspaper=Reuters |date=18 October 2018}}</ref><ref name=oct181>{{cite web|url=https://elpais.com/elpais/2018/10/18/inenglish/1539873272_150898.html|title=At Brussels summit, Spain's PM is hopeful of progress on Gibraltar|first=Susana|last=Urra|date=18 October 2018|work=El País}}</ref><ref name=oct2>{{cite web|url=http://www.digitaljournal.com/news/world/uk-spain-reach-brexit-deal-over-gibraltar-spanish-pm/article/534934|title=UK, Spain reach Brexit deal over Gibraltar: Spanish PM|date=18 October 2018|website=digitaljournal.com}}</ref><ref>{{cite web|url=https://www.yahoo.com/news/spain-says-agreement-reached-gibraltar-status-brexit-negotiations-150703800.html|title=Spain says agreement reached on Gibraltar status in Brexit negotiations|publisher=Yahoo!|date=18 October 2018 }}</ref> However, on 19 November 2018, the [[Spanish government]] threatened not to support the Brexit Agreement Draft because they say that an article was added without their consent that could be misunderstood and leave Spain without a say over Gibraltar.<ref>{{Cite news|url=https://www.euractiv.com/section/uk-europe/news/brexit-gibraltar-article-came-out-of-nowhere-spain-says/|title=Brexit: Gibraltar article came 'out of nowhere,' Spain says|date=19 November 2018|work=euractiv.com|access-date=2018-11-24|language=en-GB}}</ref> On 22 November 2018, PM Sánchez and PM May discussed the problem but the Spanish PM declared that "our positions remain far away. My Government will always defend the interests of Spain. If there are no changes, we will veto Brexit."<ref>{{Cite news|url=https://twitter.com/sanchezcastejon/status/1065719004923342850|title=Pedro Sánchez on Twitter|via=Twitter|access-date=2018-11-24|language=en}}</ref>{{Primary source inline|date=June 2025}}<ref>{{Cite news|url=https://www.politico.eu/article/spanish-pm-pedro-sanchez-threatens-brexit-veto-over-gibraltar-uk-spain/|title=Spanish PM threatens Brexit 'veto' over Gibraltar|date=23 November 2018|work=Politico|access-date=2018-11-24|language=en-US}}</ref><ref>{{Cite news|url=https://www.ft.com/content/63962494-eeab-11e8-89c8-d36339d835c0|title=Spain stands firm on Gibraltar ahead of Brexit summit|last=Brunsden|first=Jim|website=Financial Times|date=23 November 2018 |language=en-GB|access-date=2018-11-24}}</ref> On 24 November 2018, Spain agreed not to veto the Brexit deal in exchange for a tripartite statement of the [[President of the European Commission|European Commission President]] and the [[President of the European Council|European Council President]], the UK Government and the [[EU Member states]] saying that no deal would be reached about Gibraltar without Spain's consent. The European statement also declared that the EU does not consider Gibraltar to be part of the United Kingdom.<ref>{{Cite news|url=https://www.ft.com/content/a0dd02ec-eff9-11e8-ae55-df4bf40f9d0d|title=Spain seals deal with EU and UK on Gibraltar|last=Brundsen|first=Jim|website=Financial Times|date=24 November 2018 |language=en-GB|access-date=2018-11-24}}</ref><ref>{{Cite news|url=https://www.washingtonpost.com/world/europe/spain-to-back-brexit-deal-after-uk-agrees-to-gibraltar-terms/2018/11/24/612067a6-efff-11e8-8b47-bd0975fd6199_story.html|title=Spain to back Brexit deal after UK agrees to Gibraltar terms|newspaper=The Washington Post|language=en|access-date=2018-11-24}}</ref><ref>{{Cite web|url=https://www.theguardian.com/politics/2018/nov/24/brexit-may-gives-way-over-gibraltar-after-spains-veto-threat|title=Brexit: May gives way over Gibraltar after Spain's 'veto' threat|last1=Boffey|first1=Daniel|last2=Jones|first2=Sam|date=24 November 2018|website=The Guardian|language=en|access-date=2018-11-24}}</ref>

==See also==
* [[Falkland Islands sovereignty dispute]] between the United Kingdom and Argentina
* [[Akrotiri and Dhekelia]] claimed by Cyprus
* [[Chagos Archipelago sovereignty dispute]]
* The Spanish enclaves of [[Ceuta]], [[Melilla]], Islas Chafarinas, [[Peñón de Alhucemas]] and [[Peñón de Vélez de la Gomera]] disputed by Morocco.
* [[Disputed status of Olivença]] between Portugal and Spain.
* Spanish [[exclave]] of [[Llívia]] in France.
* [[History of Gibraltar]]
* ''[[Mottos of Francoist Spain#Gibraltar es español (Gibraltar is Spanish)|Gibraltar es español]]''

==References==
===Notes===
{{reflist}}

===Sources===
'''British sources'''
*{{note|contention}}{{cite book | author=George Hills | year = 1974 | title = Rock of Contention. A History of Gibraltar | publisher = Robert Hale | location = London | isbn = 0-7091-4352-4 | author-link = George Hills (historian)}} [https://web.archive.org/web/20060207190915/http://www.owa.org.uk/obituaries.htm#Dr%20George%20A.M.%20Hills George Hills] was a BBC World Service broadcaster, Spanish Historian and Fellow of the Royal Historical Society. Although listed as a 'British' source, Hills supports the Spanish view of Gibraltar. He died in 2002. His research documents are now available at King's College, UCL as a separate collection.
*{{note|rock}}{{cite book | first = William | last = Jackson | year = 1990 | title = The Rock of the Gibraltarians. A History of Gibraltar | publisher = Gibraltar Books | edition = 2nd | location = Grendon, Northamptonshire, UK }} General Sir [[William Jackson (British Army officer)|William Jackson]] was Governor of Gibraltar between 1978 and 1982, a military historian and former chairman of the Friends of Gibraltar Heritage.

'''Spanish sources'''
*{{note|razon}}{{cite book | first = Isidro | last = Sepúlveda | year = 2004 | title = Gibraltar. La razón y la fuerza (Gibraltar. The reason and the force) | publisher = Alianza Editorial | others = in Spanish | location = Madrid | isbn = 84-206-4184-7 }} Chapter 2, "La lucha por Gibraltar" (The Struggle for Gibraltar) is available [https://web.archive.org/web/20110707141815/http://www.anayainfantilyjuvenil.com/catalogos/capitulos_promocion/LU00046301.pdf online] (PDF). Isidro Sepúlveda Muñoz is a Contemporary History Professor in the UNED ("Universidad Nacional de Educación a Distancia").
*{{note|termina}}{{cite book | first = Máximo | last = Cajal | year = 2003 | title = Ceuta, Melilla, Olivenza y Gibraltar. Donde termina España (Ceuta, Melilla, Olivenza y Gibraltar. Where Spain ends) | editor = Siglo XXI Editores | others = In Spanish | location = Madrid | isbn = 84-323-1138-3 | publisher = Siglo Veintiuno de España Editores}} [[Máximo Cajal]] is a Spanish diplomatist, ambassador in different countries and special representative of the former Spanish prime minister, José Luis Rodríguez Zapatero, in the [[Alliance of Civilizations]]. He was the only survivor of the assault of the Embassy of Spain in Guatemala by the forces of the Guatemalan dictatorship in 1980.

===Further reading===
*Fawcett, J. E. S. Gibraltar: The Legal Issues in ''[[International Affairs (journal)|International Affairs]]'' (Royal Institute of International Affairs), Vol. 43, No. 2 (Apr. 1967)

{{Gibraltar topics}}
{{United Kingdom European Union membership referendum, 2016}}

[[Category:History of Gibraltar]]
[[Category:Politics of Gibraltar]]
[[Category:Spain–United Kingdom relations]]
[[Category:Territorial disputes of Spain]]
[[Category:Territorial disputes of the United Kingdom]]
[[Category:International disputes]]
[[Category:Spanish irredentism]]