GIBRALTAR – F R Chowdhury (1st Batch)

Gibraltar lies on a small peninsular at the southern most tip of Western Europe over-looking the strait of Gibraltar, North African coast and Spain. The strait of Gibraltar connects the Mediterranean with the Atlantic. The Rock runs from North to South for a length of nearly 3 miles. It is ¾ miles wide and has a total area of 2 ¼ square miles. The highest point is 1396 feet above sea level. Gibraltar has a population of about 30,000 of which just over 20,000 are native Gibraltarians. English is the official language although most Gibraltarians are fluent in both English and Spanish. A small number of immigrant workers from Morocco speak Arabic.

The Rock remained mostly uninhabited until the invasion of Spain by the Moors. Then it was alternately invaded by the Moors and the Spaniards from 711 until 1704, when during the war of Spanish succession it was captured by the British forces under the command of Admiral Sir George Rooke, and ceded to the British Crown by the Treaty of Utrecht in 1713. It has remained British ever since. The Rock is named after the Muslim General Tarik Ibne Zaiyed. The word “Gabrul Tarik” means the Mountain of Tarik. The ancient name is “Monse Calpe”.

Gibraltar law derives exclusively from English law. The Magistrates’ Court deals with criminal matters. However, matters relating to companies law, financial services and admiralty jurisdiction (maritime) are dealt with by the Supreme Court. Appeals from Supreme Court lie to the Gibraltar Court of Appeal and the Privy Council (UK).

Gibraltar is a dependent territory of the UK. The Queen, as the Head of State, is represented by a Governor. The UK remains responsible for Defence and External Affairs. Gibraltar has a separate Constitution granted to it by the British Parliament. The Government of Gibraltar exercises self-government except for matters of defence, internal security and foreign affairs which are reserved to the UK. Gibraltar is now a self-governed overseas territory of the United Kingdom. Gibraltar laws are promulgated by its elected Parliament (House of Assembly).

Gibraltar entered the EU together with the United Kingdom up on its accession in 1973. It is a European territory for whose external relations a Member State (UK) is responsible and accordingly Article 227(4) of the EC Treaty applies. Article 28 of the UK Accession Act provides that there shall be certain exemptions from community measures with respect to Gibraltar i.e. the Community Agricultural Policy (CAP), Value Added Tax (VAT) and the Common Customs Tariff (CCT) do not apply. Subject to these explicit exemptions, all legislation adopted by the Community since 1973 are applicable to Gibraltar and Gibraltar’s House of Assembly has been transposing the applicable Directives. All the Treaty provisions on the free movement of capital, services and persons apply to Gibraltar. The fourth “freedom” – movement of goods, is restricted by Gibraltar’s position outside the Customs territory.

The citizens of Gibraltar are supposed to be British Overseas Territory Citizens. However, on joining the EU, the UK has granted British (UK) citizenships to Gibraltarians (with consequential rights and entitlements) to facilitate the free movement of persons within the EU.

Although Gibraltar is not a Member State, since its membership derives as part of the Member State UK, it is none the less a separate legal jurisdiction for the purpose of legislation and judicial authority.

Shipping is a complex international business governed by international treaties and protocols. Gibraltar not being a sovereign independent state, it cannot be a signatory to international treaties. Gibraltar operates the treaty provisions on the basis that the UK being a Party extends the provisions to Gibraltar. Since Gibraltar derives the authority from the United Kingdom for operation of the treaty provisions, it remains responsible and answerable to the UK for their proper compliance. The Registry of Ships and the Maritime Administration at Gibraltar derives its international status for operation by virtue of extension of the relevant IMO, ILO, ITU and other Conventions by the United Kingdom.

I worked as the Maritime Administrator of Gibraltar from the year 2000 to 2004.

London, 30-June-2004  <fazlu.chowdhury@btinternet.com>