La controversia sobre la titularidad jurídico-internacional de los espacios marítimos adyacentes a Gibraltar

Abstract

This study seeks to identify the applicable law relating to the sovereign title of Gibraltar's adjacent marine waters. To this end, the author considers four elements. The first element relates to the specific colonial situation where the United Nations have been continuously outlining the need for negotiations between the Administrator Power (UK) and Spain to proceed to the reintegration of Gibraltar into the Spanish territory, taking into account the interests and legitimate aspirations of the population of Gibraltar which are consistent with International Law. It also analyzes the cessions of the port of Gibraltar to the UK, which currently manages the port and its internal waters. The principle of lex specialis derogat legi generali is also analyzed, where the Treaty of Utrecht is considered as lex specialis and the Law of the Sea as lex generalis and, finally, the application of the «dry shore» theory to the specific case of Gibraltar.