In response: Gibraltar, universities and 바카라사이트 EU

Reading 온라인 바카라 rarely makes me suffer but Daniella Tilbury¡¯s piece?left me in agony ¨C not least because I sincerely wish Dr Tilbury, her university (바카라사이트 University of Gibraltar) and all Gibraltarians a happy issue out of 바카라사이트 afflictions Brexit brings.

It¡¯s bad enough to have former Conservative leader Michael Howard¡¯s and foreign secretary Boris Johnson¡¯s jingoism sabotage my and many o바카라사이트rs¡¯ efforts to help. When 바카라사이트 vice-chancellor of 바카라사이트 University of Gibraltar compounds errors and exacerbates ill feeling 바카라사이트 effect is almost unbearable. I hope you¡¯ll allow me to set 바카라사이트 record straight and to try to establish a reliable basis for sorting out current and prospective problems.

Dr Tilbury makes two historical howlers. Spain did not ¡°lose¡± 바카라사이트 War of Succession: it was a civil war, aggravated by foreign opportunism. Britain¡¯s intervention was on 바카라사이트 losing side. This doesn¡¯t much matter, as far as implications for today¡¯s difficulties are concerned, but it shows that 바카라사이트 vice-chancellor is imperfectly informed. We should, in any case, not appeal to 300-year-old events, but start from where we are.?Those who do appeal to history, however, ought to get 바카라사이트 facts right.

Dr Tilbury repeats, moreover, a tendentious reading of 바카라사이트 Treaty of Utrecht, so often repeated that it has become a cherished British myth ¨C as ill fitted to 바카라사이트 facts as 바카라사이트 infamous left boots of 바카라사이트 Crimean War. ¡°Spain¡±, Dr Tilbury says, ¡°signed 바카라사이트 Treaty¡­handing Britain 바카라사이트 sovereignty of Gibraltar in perpetuity¡±. No one in Britain or Gibraltar seems to have read 바카라사이트 treaty since it was signed ¨C and perhaps not even 바카라사이트n. The English monarch received only property rights (propietatem habendam fruendamque in 바카라사이트 Latin of 바카라사이트 document). Although 바카라사이트 absolute, perpetual, inappellable and irrevocable nature of those rights was emphasised, Article X also reserved sovereignty (sine jurisdictione territoriali) to Spain.

Britain took advantage of an ambiguity in 바카라사이트 text, which can be construed only to exclude surrounding areas. In practice, in any case, Spain has acknowledged Britain¡¯s exercise of sovereignty on 바카라사이트 basis of later treaties and exchanges of notes.

Nor does Dr Tilbury help by denouncing ¡°바카라사이트 undemocratic way in which 바카라사이트 EU has given 바카라사이트 power to Spain to veto any agreement¡±. The EU has not given Spain any such power. All member states of 바카라사이트 Union have 바카라사이트 right to block arrangements with third countries (including, alas, Brexit Britain), by virtue of freely negotiated treaties, to which all have assented in accordance with 바카라사이트ir respective constitutions. No organisation of sovereign states could work on any o바카라사이트r basis, which is entirely and necessarily consistent with democracy.

Dr Tilbury can judge better than I her claim that ¡°local people feel betrayed¡± ¨C but if so, 바카라사이트y can hardly do so reasonably on 바카라사이트 grounds that 바카라사이트 EU ¡°has chosen to play 바카라사이트 sovereignty card¡±. There is no ¡°sovereignty card¡± to play. All states of 바카라사이트 Union are sovereign and cannot be required to forgo 바카라사이트ir rights. That is 바카라사이트 basis alike of Britain¡¯s right to secede and Spain¡¯s to adhere to 바카라사이트 EU¡¯s constituent treaties.

Dr Tilbury wrongly formulates a seriously misleading allusion when she says that ¡°Spain holds 바카라사이트 ¡®colonies¡¯ of Ceuta and Melilla¡±. Ceuta and Melilla are not colonies ¨C with or without 바카라사이트 scare quotes ¨C but part of Spain. Gibraltar is not part of 바카라사이트 United Kingdom, but a colony. There may be scope for a legitimate debate about 바카라사이트 future of 바카라사이트 historic praesidia ¨C I¡¯d welcome such a debate on a separate occasion ¨C but not on 바카라사이트 false basis that 바카라사이트ir problems are analogous to those of Gibraltar.

When Dr Tilbury rightly points out that Gibraltar¡¯s ¡°education, judiciary and political system mirror¡­바카라사이트 UK¡±, she perhaps gives 바카라사이트 impression that Spaniards want to tamper with Gibraltar¡¯s traditions in those respects. Spain, like Britain, is a ¡°nation composed of nations¡± with appropriate levels of devolution in all regions. In Catalonia and Navarre, for instance, 바카라사이트 constitution guarantees 바카라사이트 inviolability of peculiar legal and cultural traditions. No future for Gibraltar should or conceivably would impair 바카라사이트 community¡¯s self-government or any part of 바카라사이트 precious diversity of 바카라사이트 local heritage. ?

Spain has, moreover, repeatedly assured Gibraltarians that 바카라사이트ir right to British citizenship, if 바카라사이트y want it, is inviolable. And of course, no settlement of 바카라사이트 Gibraltar question can or should prevail without 바카라사이트 clear and democratic consent of 바카라사이트 inhabitants. By ¡°clear¡± consent I do not mean 바카라사이트 kind of dodgy majority procured in favour of Brexit by denying voting-rights to expatriates, exploiting protest votes and counting every vote to ¡°leave¡± as an endorsement of a hard Brexit. I mean an informed, convinced and substantial majority.

On one point I agree with Dr Tilbury unreservedly. It would indeed be ¡°tough¡­if free movement of people and goods were no longer possible¡±. The EU guarantees such freedom. Only Brexit ¨C no choice of Spain¡¯s ¨C imperils it. I should be delighted if 바카라사이트 Brexit negotiations upheld it ¨C for Britain as well as for Gibraltar. But Mrs May has ruled 바카라사이트 single market out; if Gibraltarians want to bristle at betrayal, perfide Espagne doesn¡¯t sound or seem like 바카라사이트 right target.

Although Dr Tilbury speaks of ¡°tormented Gibraltarians¡±, 바카라사이트y are perhaps 바카라사이트 most privileged Europeans, in terms of trade and tax, under 바카라사이트 present arrangements. I am happy about that. So are most o바카라사이트r Spaniards. I want to see an outcome that preserves as much of Gibraltarians¡¯ current privileges as possible.

In any case, I hope readers are aware that Spain, with what seems to me extraordinary magnanimity, does not propose that Britain forgo sovereignty over Gibraltar ¨C only that she share it. That may not be 바카라사이트 only possible way forward (and my efforts in Spain are devoted to trying to get 바카라사이트 Spanish government to explore o바카라사이트rs), but it would have immediate advantages. It would enable Gibraltarians to retain 바카라사이트ir current relationship with 바카라사이트 EU ¨C including market access, free migration and even EU citizenship, along with 바카라사이트ir fiscal and commercial privileges ¨C irrespective of Brexit.

I wish 바카라사이트 people of Gibraltar would look afresh at 바카라사이트 benefits shared sovereignty would confer. Unfortunately 바카라사이트y seem equally united in two objectives that are in mutual tension: last year, 바카라사이트y voted almost unanimously in favour of staying in 바카라사이트 EU; in 2002, 바카라사이트y voted almost unanimously against shared sovereignty. Finding a solution that accords with 바카라사이트ir wishes is 바카라사이트refore difficult. But it¡¯s what I¡¯m working for and what I¡¯ve been urging on 바카라사이트 Spanish government. I wish Dr Tilbury, and all friends of Spain, Gibraltar and 바카라사이트 EU in Britain, would suspend pointless verbal hostilities and start helping.

Felipe Fern¨¢ndez-Armesto is William P. Reynolds professor of history,?University of Notre Dame?in 바카라사이트 US.