maritime boundary between the two countries, and there has not even been any
sporadic dialogue on the subject (as mentioned by Morad Medelci in 2013).
Spain, on the other hand, is the dominant State on the majority of the borders and
has also been the dominant force in the resulting conflicts. Its borders lie in both the
northern side and the southern part of Alboran Sea.
The northern side of Alboran Sea is the place of delimitation between Gibraltar’s
(UK) and Spain’s territorial seas, with the latter upholding the doctrine of the dry
coast, i.e. Gibraltar has no rights to any territorial sea according to what is stipulated
by Article X of the 1713 Treaty of Utrecht (MRabet Temsamani 2018). As seen
previously, as long as the United Kingdom claims a territorial sea with a width of
3 nm around the rock, Gibraltar has a de facto 3 nm of territorial sea around the rock
itself and 1.5 nm inside the bay of Algeciras, although Spain does not recognise any
rights to these. The first final provision of the Law of the Territorial Sea makes a
clear reference to this so as to avoid any interpretation that might suggest implicit
recognition of sovereignty for discussion. It should not be forgotten that one of the
outcomes of this conflict is that two superimposed zones in the area have been
declared Sites of Community Importance (SCI) (Council Directive 92/43/EEC). The
first SCI, declared by the United Kingdom and concerning the Southern Waters of
Gibraltar, was approved by the Commission on 19th July 2006 while the second,
declared by Spain and approved by the Commission on 12th December 2008, fully
envelops the Gibraltarian SCI.
The historical Spanish–Moroccan dispute on the southern side of the Alboran Sea
is much more complex due to its location. The existence of cities, islands and islets
over which sovereignty is claimed by Morocco makes delimitation doubly difficult,
firstly, because of the claim itself, and secondly, because of the presence of islands
and rocks that make maritime delimitation a challenging affair.
To give a clear picture of the situation, we are talking of the towns of Ceuta,
which was occupied by the Portuguese in 1415, and Melilla, which was seized by the
Spanish in 1497, the Chafarinas Islands, the Al-Hoceima Islands (which came under
Spanish control in 1559 and became Spanish in 1673) and the Peñón de Vélez de la
Gomera, or Badis, as it is called in Morocco (occupied in 1508, taken over by the
Moroccans in 1522 and reoccupied in 1564) (MRabet Temsamani 2018).
From the Spanish point-of-view, these are places under Spanish sovereignty: the
two towns that were founded are Spanish enclaves with an undisputable right in
international law to territorial sea, a contiguous zone, an exclusive economic zone
and, naturally, all the rights that pertain to the continental shelf. However, the fact
that Spain has not established an EEZ in the Alboran Sea also means that only
territorial sea and a CS have been delimited in these towns’ maritime space.
With respect to the islands and rocks, as the Al-Hoceima Islands and the rock of
Vélez de la Gomera are uninhabited, in accordance with Article 121.3 they are only
entitled to a territorial sea and a contiguous zone.
However, the case is different for the Chafarinas Islands as they are occupied by a
military detachment (Gutiérrez Castillo 2010), entitling Spain to also delimit an
exclusive economic zone and a continental shelf.
22
J. L. Suárez-de Vivero et al.
sporadic dialogue on the subject (as mentioned by Morad Medelci in 2013).
Spain, on the other hand, is the dominant State on the majority of the borders and
has also been the dominant force in the resulting conflicts. Its borders lie in both the
northern side and the southern part of Alboran Sea.
The northern side of Alboran Sea is the place of delimitation between Gibraltar’s
(UK) and Spain’s territorial seas, with the latter upholding the doctrine of the dry
coast, i.e. Gibraltar has no rights to any territorial sea according to what is stipulated
by Article X of the 1713 Treaty of Utrecht (MRabet Temsamani 2018). As seen
previously, as long as the United Kingdom claims a territorial sea with a width of
3 nm around the rock, Gibraltar has a de facto 3 nm of territorial sea around the rock
itself and 1.5 nm inside the bay of Algeciras, although Spain does not recognise any
rights to these. The first final provision of the Law of the Territorial Sea makes a
clear reference to this so as to avoid any interpretation that might suggest implicit
recognition of sovereignty for discussion. It should not be forgotten that one of the
outcomes of this conflict is that two superimposed zones in the area have been
declared Sites of Community Importance (SCI) (Council Directive 92/43/EEC). The
first SCI, declared by the United Kingdom and concerning the Southern Waters of
Gibraltar, was approved by the Commission on 19th July 2006 while the second,
declared by Spain and approved by the Commission on 12th December 2008, fully
envelops the Gibraltarian SCI.
The historical Spanish–Moroccan dispute on the southern side of the Alboran Sea
is much more complex due to its location. The existence of cities, islands and islets
over which sovereignty is claimed by Morocco makes delimitation doubly difficult,
firstly, because of the claim itself, and secondly, because of the presence of islands
and rocks that make maritime delimitation a challenging affair.
To give a clear picture of the situation, we are talking of the towns of Ceuta,
which was occupied by the Portuguese in 1415, and Melilla, which was seized by the
Spanish in 1497, the Chafarinas Islands, the Al-Hoceima Islands (which came under
Spanish control in 1559 and became Spanish in 1673) and the Peñón de Vélez de la
Gomera, or Badis, as it is called in Morocco (occupied in 1508, taken over by the
Moroccans in 1522 and reoccupied in 1564) (MRabet Temsamani 2018).
From the Spanish point-of-view, these are places under Spanish sovereignty: the
two towns that were founded are Spanish enclaves with an undisputable right in
international law to territorial sea, a contiguous zone, an exclusive economic zone
and, naturally, all the rights that pertain to the continental shelf. However, the fact
that Spain has not established an EEZ in the Alboran Sea also means that only
territorial sea and a CS have been delimited in these towns’ maritime space.
With respect to the islands and rocks, as the Al-Hoceima Islands and the rock of
Vélez de la Gomera are uninhabited, in accordance with Article 121.3 they are only
entitled to a territorial sea and a contiguous zone.
However, the case is different for the Chafarinas Islands as they are occupied by a
military detachment (Gutiérrez Castillo 2010), entitling Spain to also delimit an
exclusive economic zone and a continental shelf.
22
J. L. Suárez-de Vivero et al.