Understanding the Treaty of Utrecht: How Gibraltar Came to Be and Its Impact on UK-Spain Relations

Introduction

The possession of Gibraltar by the United Kingdom has been a point of contention between Britain and Spain for centuries. The Treaty of Utrecht, signed in 1713, laid out the initial terms of Gibraltar's ownership and the rights of Spain, but many Brits are unaware of the specific stipulations of this treaty. This article aims to decode the Treaty of Utrecht, explore how Gibraltar came under British control, and discuss its impact on UK-Spain relations.

The Treaty of Utrecht

The Treaty of Utrecht is a significant document that ended the War of the Spanish Succession. It addressed several aspects of the conflict, including Gibraltar. According to the treaty:

The Crown of Great Britain was granted the propriety of the town and castle of Gibraltar, along with its port, fortifications, and forts. This is clearly stated in the treaty, which asserts:

"yield to the Crown of Great Britain the full and entire propriety of the town and castle of Gibraltar together with the port, fortifications, and forts thereunto belonging and he gives up the said propriety to be held and enjoyed absolutely with all manner of right for ever without any exception or impediment whatsoever."

While the term 'propriety' is indeed defined in the treaty, it is important to note that this does not equate to territorial sovereignty. The treaty further clarifies that any goods passing through the port are subject to Spanish customs jurisdiction.

The treaty also states:

"But that abuses and frauds may be avoided by importing any kind of goods the Catholic King wills and takes it to be understood that the above-named propriety be yielded to Great Britain without any territorial jurisdiction."

This indicates that while the town and buildings are under British control, the peninsula itself still falls under Spanish jurisdiction.

Understanding the Different Meanings of 'Propriety' and 'Territorial Jurisdiction'

The terms 'propriety' and 'territorial jurisdiction' are distinctly defined in the treaty. 'Propriety' refers to the ownership or possession of the town and its fortifications, while 'territorial jurisdiction' pertains to the authority over the land itself.

The British Crown has the right to manage the town and its fortifications, but the overall land, including customs control, remains under Spanish jurisdiction.

The treaty also grants Spain the right of return, and any future sale or alienation of the propriety must give preference to Spain.

It is crucial to note that the British Parliament and the settlers in Gibraltar have no authority to change the status of Gibraltar's ownership, as it is explicitly stated in the treaty.

Controversy and Nationalistic Views

Despite the clear stipulations of the treaty, some British citizens have expressed nationalist views, believing that Spain has no right to interfere with Gibraltar. This sentiment is particularly strong among a small minority who exhibit a bigoted view of Spain. They are vehement about maintaining Spanish titles at customs and other official positions, which can be seen as a form of defiance.

It is ironic that a significant number of British expatriates consider Spain their home rather than the UK. Despite the warm relationships between the two nations and their shared royal families and peace over the past two centuries, the football matches between Spain and Britain can heat up the tensions.

The majority of British citizens are, however, aware of the importance of respecting international treaties and honoring obligations. They understand the significance of 'lead by example' and appreciate the consequences of disregarding treaty terms.

The Impact on UK-Spain Relations

The possession of Gibraltar continues to influence the diplomatic relations between the UK and Spain. The historical agreement is an irrefutable fact, but misunderstandings and misinterpretations of the Treaty of Utrecht persist on both sides.

There is a need for better communication and mutual respect to resolve the ongoing disputes surrounding Gibraltar. Recognizing that the terms of the treaty are clear and unambiguous can help in rebuilding trust between the two nations.

Conclusion

The Treaty of Utrecht laid the foundation for the possession of Gibraltar by Britain and defined the nature of its control. Understanding the specific terms of the treaty is crucial in resolving the long-standing dispute between the UK and Spain. By honoring the treaty's stipulations, both nations can work towards a mutually beneficial and harmonious relationship.