User talk:Wee Curry Monster/Malvinism

I too would oppose inclusion at this time. We are writing an overview here. We have covered all positions in a manner appropriate for an overview by discussing the general principles of the each position.

For the Spanish position:


 * 1) Recognition of British sovereignty but dispute over its extent
 * 2) Request to return Gibraltar citing territorial integrity.

We have covered the British position in a manner appropriate for an overview:


 * 1) Willingness to negotiate but recognising self-determination of the inhabitants
 * 2) Recognising that Utrecht may limit the independence of Gibraltar

We have covered the Gibraltar position:


 * 1) Accepting no limit on the right to self-determination

We have covered decolonisation.


 * 1) Under the definition of 1541 Gibraltar and the UK assert Gibraltar is decolonised
 * 2) Spain does not recognise Gibraltar is decolonised according to 1514 and classes it a dependent territory

This coverage above has been agreed as a neutral summary of the sovereignty dispute.

My opposition to inclusion at this time is predicated on the need to achieve a definitive and lasting text on this matter. It needs to be a solution, not a starting part for yet more wrangling. This is not to state an intransigent position of outright opposition, rather I do not see the problems of this page being definitively sorted at this time.

I also think that as a matter of principle we should separate fact from opinion. The statement by Ecemaml above is a statement of an opinion, it is not a statement of fact. I now propose to summarise relevant facts and opinions:

Position of the UN

 * It is a fact that the UN resolutions call for bilateral negotiations.
 * It is a fact that the UN decolonisation process specifically states the primacy of *self-determination in decolonisation.
 * It is a fact that the self-determination resolution 1514 includes comments on territorial integrity.
 * It is a fact that UN resolutions on Gibraltar call for the interests of the people to be taken into account.
 * It is a fact that an attempt to limit the right to self-determination where the is a sovereignty dispute was rejected by the UN. This result stated the right to self-determination was paramount.
 * It is a fact that Article 73 of the UN Charter makes the interests of the people of dependent territories paramount.
 * It is a fact that under Article 103 of the UN Charter, the charter has primacy over any other international agreement.

Relevant Legal Positions of the UN

 * It is a fact that the only UN body capable of delivering a definitive and binding judgement on the matter is the International Court of Justice. But only where the parties concerned agree to refer the matter to the ICJ.


 * It is fact that an advisory opinion could be sort at the ICJ but that the rulings are not binding.


 * It is a fact that in each case where self-determination was a factor the ICJ has come down on the side of self-determination. The most recent case, the Kosovo judgement, International Court of Justice advisory opinion on Kosovo's declaration of independence, favoured self-determination over the claim of disruption of territorial integrity.

Attempts at resolution through the ICJ

 * It is a fact that the Government of Gibraltar has sought to bring this matter before the ICJ.
 * It is a fact that Spain has declined the request of the Government of Gibraltar.

Opinions of respective Governments

 * It is the opinion of the Spanish Government that its teritorial integrity is disrupted by Gibraltar.
 * It is the opinion of the Spanish Government that the people of Gibraltar do not enjoy the right to self-determination.
 * It is the opinion of the Spanish Government that UN resolutions support its position.
 * It is the opinion of the Spanish Government that Gibraltar is a colony.


 * It is the opinion of the British and Gibraltar Governments that Gibraltar has been decolonised.
 * It is the opinion of the British Government that the Treaty of Utrecht limits its options on Gibraltar independence.


 * It is the opinion of the Gibraltar Government that its right to self-determination is not limited by the Treaty of Utrecht.

Other potentially relevant facts

 * It is a fact that Spain possesses 2 enclaves and other territories that are disputed by Morocco.
 * It is the opinion of Morocco that the Spanish territory disrupts its territorial integrity.
 * It is a fact that Gibraltar was a possession of the Spanish crown from 1501 to 1704. 203 years.
 * It is a fact that Gibraltar has been a de facto British posession from 1704 till today. 306+ years.
 * It is a fact that Gibraltar was formally ceded in perpetuity to Britain in 1713.