Two of Britain's most controversial Overseas Territories, the last vestiges of its Empire, have been back in the news in recent months. First, the Falklands dispute has been relit by Argentina's renewed claim to the islands. And in the past few weeks this has been followed by friction between Spain and Gibraltar.
These two disputes make for a fascinating comparison. Although the two disputes have similar undertones - similar connections to questions of sovereignty and territorial claims - there is a significant difference between them. One is being conducted between independent nations through the traditional diplomatic channels of international relations, while the other presents an opportunity for the dispute to be deferred to the legal framework of a federation of states.
The possibility that the European Courts will be brought in settle a dispute between sovereign states is a hope that should be grasped. Such a means of reaching a resolution, through a consistent and impartial legal approach, would be a huge step for international law and show a major commitment to peaceful ends to conflict.
The dispute between the UK and Argentina over the Falkland Islands, that broke out into conflict in 1982, was recently brought back to the fore when the Argentine government restated its claim to the islands earlier this year (Goni & Harding, 2013). So far these renewed claims have resulted only in limited discussions and stunts for the benefit of the press - open letters, referendums, and accusations (Hanman, 2013; Greenslade, 2013).
By comparison, the most recent rise in tensions between Spain and the UK regarding Gibraltar, sparked by a dispute over territorial waters and fishing rights (BBC, 2013), has led to an almost immediate suggestion of legal action being taken at the European courts by the UK government (Syal, 2013). Shortly after the dispute over fishing rights took its latest turn - the decision by Gibraltar's authorities to begin construction of an artificial reef in disputed waters - Spanish authorities have introduced stricter checkpoints at the border with Gibraltar. While the Spanish Government claim these new checkpoints will help prevent smuggling, there are concerns that they simply mark the next step in the row.
The first move towards resolution of the present Gibraltar dispute has been an appeal to the European Commission - the executive body of the European Union - to bring forward the scheduled visit by EU monitors who were due to investigate the situation at the Spain-Gibraltar border (BBC, 16 Aug 2013). This move was further accompanied by suggestions that the UK may also take the matter to the European Courts.
The difference between the two cases is of immense importance. The existence of a solid legal framework, respected by all sides of a dispute, that can be called upon to arbitrate is surely the soundest path to ending destructive conflicts.
'It is incredibly important that the rule of law be respected at an international level because if we have law/law then we do not have war/war.' (Aiden O'Neill QC, 2011)
Despite disheartening suggestions that Spain and Argentina may ally over these issues to seek a more old-fashioned resolution achieved by international diplomatic pressure (Govan, 2013), we must remain hopeful. For the people of Europe, the European Union offers the hope of consistently applied law, beyond or above the bounds of which states cannot set themselves. In that hope lies the possibility of freedom from the destructiveness of conflict and arbitrary rule.
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References:
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+ Uki Goni & Luke Harding's 'Argentina urges UK to hand back Falklands and "end colonialism"'; in The Guardian; 3 January 2013.
+ Natalie Hanman's 'Falklands debate: is Britain still a colonial power?'; in The Guardian; 3 January 2013.
+ Roy Greenslade's 'Falklands' referendum fools nobody - it amounts to a rigged ballot'; in The Guardian; 11 March 2013.
+ BBC's 'Q&A: Gibraltar row'; 12 August 2013.
+ Rajeev Syal's 'Gibraltar row: David Cameron considers EU legal action against Spain'; in The Guardian; 12 August 2013.
+ BBC's 'Gibraltar row: Cameron asks EU to monitor border checks'; 16 August 2013.
+ Fiona Govan's 'Gibraltar: Spain considers joint diplomatic offensive with Argentina over Falkland Islands'; in The Telegraph; 11 August 2013.
+ Aidan O'Neill, at 44:21 in the House of Commons Political and Constitutional Reform Committee. Transcript - 'Voting by convicted prisoners: summary of evidence' February 2011; Video - Tuesday 1 February 2011 at 10.10am ended at 12.07pm.
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