Disputed Status of Gibraltar - The Capture of Gibraltar and The Treaty of Utrecht

The Capture of Gibraltar and The Treaty of Utrecht

An Anglo-Dutch force led by Admiral Sir George Rooke captured Gibraltar in 1704 on behalf of the Archduke Charles, pretender to the Spanish Throne. The territory was eventually ceded to 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 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."

However, the Treaty stipulates "that the above-named propriety be yielded to Great Britain without any territorial jurisdiction" 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 today argue that the membership of both Gibraltar and Spain in the European Union (EU) —Gibraltar was included as a Special Member State territory when the United Kingdom joined the EU in 1973; Spain joined the EU in 1986 — supersedes such restrictions as the EU is committed to free movement of goods and services.