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Volume4
MonthMay
Year2003
TitleTwo Case Studies in Self-Determination: The Rock and the Bailwick
Author(s)Inge V. Porter
First Page339
AbstractAfter looking at the concept of self-determination, its history, meaning, and possible future development in Part II, this Paper will develop two case studies. Part III examines the right of self-determination for the people of Gibraltar, analyzing the relevant U.N. resolutions, agreements, treaties, and legislation that have defined the dispute between Great Britain and Spain. For example, Great Britain has ruled the Rock of Gibraltar for 280 years, primarily using it as a military base; but, today, Spain insists that it did not relinquish absolute sovereignty over Gibraltar to the British by the Treaty of Utrecht in 1713. Part IV examines the situation of the Channel Islands, specifically the Bailiwicks of Guernsey and Jersey, which are not strictly speaking, part of the United Kingdom, but are in "appenage", or possessed by the British Crown. The Channel Islands came into Crown possession during the Norman Conquest of 1066 when they formed part of the Duchy of Normandy. While being culturally distinct from the United Kingdom, the Channel Islands are governed under British rule. Finally, Part V will conclude whether the case studies fall within the scope of self-determination, as currently understood by the world's legal community.