Dispute Over Gibraltar Could Delay EU Sanctions of DPRK

by Richardson ~ February 4th, 2007. Filed under: Europe, Law.

A territorial dispute between the UK and Spain over a reference to Gibraltar could delay the EU from fully enforcing sanctions on North Korea:

As is known, the ban was agreed by the United Nations last October as one of a number of sanctions against North Korea, following its testing of a nuclear device.

The aim was to deprive Mr Kim and his supporters of some of the finer things in life.

The sanctions were adopted by EU foreign ministers in November, but they are still not in force across the bloc.

As reported in Gibraltar Panorama recently, problems arose when Madrid spotted that the EU regulation needed to implement the sanctions contained a reference to the “competent authorities” responsible for enforcing them. This included Gibraltar. But Spain wants the reference to Gibraltar removed.

The Spanish, who claim the Rock ceded to Britain in perpetuity 300 years ago, are meticulous in not wanting Gibraltar to have any authority in international policy, arguing that the UK is responsible for Gibraltar’s international relations.

But Gibraltar is in the European Union as a European territory whose external affairs Britain is responsible. This means that the Rock enforces EU matters through its own parliament.

There would be a legal hole in the sanctions if Gibraltar was not included, the British say. Both sides are trying to resolve the dispute.

In the meantime, the implementation of the UN sanctions await.

And this from the Financial Times:

The sanctions were adopted by EU foreign ministers in November, but they are still not in force across the bloc.

If Mr Kim is wondering why, he need look no further than the War of the Spanish Succession and the 1713 Treaty of Utrecht that ended it - handing Gibraltar to Britain in the process.

Problems arose when Madrid spotted that the EU regulation needed to implement the sanctions contained a reference to the “competent authorities” responsible for enforcing them: listed in the small print was Gibraltar.

The British enclave, famous for its Barbary apes and tobacco smugglers, has been a source of friction between London and Madrid for almost 300 years, but Brussels diplomats despair that the dispute is now disrupting international sanctions.

Spain’s foreign ministry wants the reference to Gibraltar deleted before the EU regulation can come into force. “We do not recognise Gibraltar’s authority in international policy,” it said. “The UK is the only competent authority in this respect.”

British diplomats say there would be a legal hole in the sanctions if Gibraltar was not included. Both sides say they are trying to resolve the dispute and insist it is a hiccup in generally improving relations over the colony.

[...]

Mr Kim may well be regarding the Gibraltarian saga with wry amusement. After all, his chefs have revealed details of his 10,000- bottle wine cellar, so he may not be running short of cognac or claret any time in the near future.

1 Response to Dispute Over Gibraltar Could Delay EU Sanctions of DPRK

  1. EU Finally Sanctions North Korea under UNSCR 1718 at DPRK Studies

    [...] Aid, and Reform  3 Joshua, Richardson, usinkorea Asides »  In February a territorial dispute between the UK and Spain over a reference to Gibraltar delayed the EU from enacting sanctions on North Korea. Although no mention of how the Gibraltar [...]

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