Gibraltar at the United Nations: Caught Between a Treaty,the Charter and the “Fundamentalism” of the Special Committee

On account of Spain's long-standing claim to the sovereignty of the British Overseas Territory of Gibraltar, “the Rock” remains one of sixteen non-self-governing territories on the United Nations list awaiting decolonization. This article examines the principles of self-determination and territorial integrity adopted by the United Nations in consideration of the issue of decolonization as they have been applied to Gibraltar, together with the consequences for the parties concerned. With the fiftieth anniversary of the first United Nations Resolution on decolonization on the horizon and the recent adoption by Gibraltar of what is considered to be a non-colonial constitution, the article suggests that it is timely for the United Nations to consider taking a more flexible approach to Gibraltar's status that would put to one side Spain's claim but allow Gibraltar to be removed from the UN list.