Claims
Olivenza had been under continuous Portuguese sovereignty since 1297 when it was occupied by the Spanish in 1801 and formally ceded by Portugal later that year by the Treaty of Badajoz. Spain claims the de jure sovereignty over Olivenza on the grounds that the Treaty of Badajoz still stands and has never been revoked. Thus, the border between the two countries in the region of Olivenza should be as demarcated by that treaty. Portugal claims the de jure sovereignty over Olivenza on the grounds that the Treaty of Badajoz was revoked by its own terms (the breach of any of its articles would lead to its cancellation) when Spain invaded Portugal in the Peninsular War of 1807.
Portugal further bases its case on Article 105 of the Treaty of Vienna of 1815, which Spain signed in 1817, that states that the winning countries are to "endeavour with the mightiest conciliatory effort to return Olivenza to Portuguese authority". Thus, the border between the two countries in the region of Olivenza should be as demarcated by the Treaty of Alcañices of 1297. Spain interprets Article 105 as not being mandatory on demanding Spain to return Olivenza to Portugal, thus not revoking the Treaty of Badajoz. Portugal has never made a formal claim to the territory after the Treaty of Vienna, but has equally never directly acknowledged the Spanish sovereignty over Olivenza.
Read more about this topic: Disputed Status Of Olivenza
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