Withdrawal Agreement Gibraltar Protocol

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Withdrawal Agreement Gibraltar Protocol

The withdrawal agreement between the European Union and the United Kingdom sets out the conditions for the UK`s orderly exit from the EU, in accordance with Article 50 of the Treaty on european Union. On 23 March 2018, EU and UK negotiators reached an agreement on the draft withdrawal agreement allowing the European Council (Article 50) to adopt guidelines for the framework for future eu-UK relations. On 18 October 2018, Spanish Prime Minister Pedro Sénchez announced that he had reached an agreement with Britain by declaring the Gibraltar Protocol “resolved” and declaring that the Spanish government would not oppose the UK`s withdrawal from the EU, particularly with regard to Gibraltar, which is one of the UK`s overseas territories and is currently within the EU. [28] [29] Any dispute that Spain has or might have over Gibraltar`s sovereignty will no longer concern any future trade agreement between Britain and the EU. [29] The European Council has published a set of guidelines for THE EU-27 withdrawal negotiations. These guidelines state in Basic Principle 22 that “after the UK`s withdrawal from the EU, no agreement between the EU and the United Kingdom can be applicable to the territory of Gibraltar without the agreement between the Kingdom of Spain and the United Kingdom.” [13] The pro-Brexit Conservative, M.P. Jack Lopresti, found it shameful that the EU was trying to give Spain an effective veto over the future of british territory, ignoring the will of the people of Gibraltar. [14] Foreign Secretary Boris Johnson again reacted to the UK`s commitment to Gibraltar. [15] With regard to the political declaration on the future relationship between the EU and the UNITED Kingdom, it will be replaced by an international agreement after the UK`s withdrawal from the EU. Pending an agreement, the declaration is therefore a political document without binding legal effects, which can guide future relations between the EU and the UK and serve as the basis for a future agreement. Unlike the withdrawal agreement, the declaration does not deal with Gibraltar or the clarification of Article 184 above, as Spain has requested.

Indeed, Spain threatened to veto the agreement and declaration if the article was not amended or withdrawn. Although the article was neither amended nor deleted, Spain accepted both texts. Four points come from above. First, the duration of the withdrawal agreement is limited. It will last until the end of the transitional period, i.e. until 31 December 2020, with a possible extension. After centuries of disagreement, two years are not a very long time to normalize relations between Spain and Gibraltar and to make operational an institutional framework of this importance. We all know that failed attempts have already been made in recent years to reach an agreement on political cooperation. The most recent was the 2006 Cordoba Agreement, which was denounced in 2011 with no significant result. This is why a longer-term agreement is needed to build trust between the various actors, so that they can act together to create a mutually beneficial system of cooperation. Secondly, the protocol is drafted in conventional legal terms and refers only to the parties to the controversy, Spain and the United Kingdom, instead of the actors, a broader and broader term, which would also include Gibraltar.

In classical international law, only subjects of international law can be parties to an international agreement, so that they are the only ones who can acquire international rights and assume international obligations.