This Note argues that the right to self-determination, as expressed in Resolution 1514, empowers the people of Gibraltar with the right to determine their own destiny. Part I discusses the factual and legal background of the dispute over sovereignty of both the City of Gibraltar, as well as the isthmus connecting the city to Spain. Part II explains the British, Spanish, and Gibraltarian claims to the territory, analyzing the relevant U.N. resolutions, agreements and legislation that have defined the respective rights of the three parties. Part III argues that Gibraltar has the right to self-determination and that Great Britain should no longer represent Gibraltar in negotiations with Spain. This Note concludes that, in accord with Resolution 1514, Gibraltar has the right to self-determination, and the Spanish claim to territorial integrity does not supersede this right.
Simon J. Lincoln,
The Legal Status of Gibraltar: Whose Rock is it Anyway?,
18 Fordham Int'l L.J. 285
Available at: http://ir.lawnet.fordham.edu/ilj/vol18/iss1/8