Gibraltar ought in justice to be returned to Spain

My argument however stands, as I will attempt to show in the following rebuttals and a short summary of the debate thus far. Rebuttals:Political reasons:1. Declaration of Unity: The current inhabitants of Gibraltar have expressed their intention to retain "sovereignty and self determination" claiming Gibraltar "is neither Spain's to claim or (sic) Britain's to give away". Saying something does not make it so. International law is not so flimsy a matter that a treaty between two sovereign states can be waived aside by a "declaration of unity" and a declaration of "sovereignty" by the inhabitants of a colony. (1) By virtue of the treaty of Utrecht, Britain was certainly given the right to keep or give away Gibraltar (granted it is first offered to Spain), and by virtue of the non-compliance with the treaty Spain is more than entitled to claim it.2. Hypocrisy of Spain: Spain's continued possession of the enclaves of Ceuta and Melilla on the coasts of Morocco delegitimizes them in claiming Gibraltar. False parallels are no argument. In order to draw a true parallel between the legal position of Gibraltar and that of the autonomous cities of Ceuta and Melilla one must show the legal title to be similar. It is not. Neither are the titles identical between the two cities. Melilla was conquered by D. Pedro de Estopiñán in 1497,(2) and therefore falls under right of conquest. If Melilla, therefore, is to be considered a colony, then most of the territory of most states, European and otherwise are colonies. Ceuta, for its part, was conquered by Portugal in 1415 and ceded to Spain in the treaty of Lisbon in 1668. (3) Said treaty does not limit the concession to property by excluding territorial jurisdiction and Portugal has never considered it a contentious issue. This shows that Ceuta and Melilla are not taken in the context of European Colonialism, but in the context of Spain and Portugal's war against the Muslims in the Reconquest and therefore constitute territorial expansion rather than colonization. Ceuta and Melilla, just as the Canary Islands or the Azores are an integral part of Spanish and Portuguese territory. This is not the case of Gibraltar. Morocco has no legal or a historical title to either city, as Morocco did not exist as a country at the time of the conquest. The territory was governed by warring Berber tribes with whom the current Moroccan dynasty has no continuity. (4)Even if, for the sake of argument, we did accept that the situation were similar; one injustice does not erase another, and this debate is about whether or not Gibraltar ought in justice to be returned to Spain, not whether or not Spain ought in justice to give its territory to others.3. Independence Referendums: Independence referendums have failed, as the population has voted to remain British. Saying something still does not make it so. If I were to install some friends in your house saying it is my property and, once you have insisted they leave, I ask them to vote whether they wish to own the house themselves or prefer the property to remain mine, I have my doubts as to whether you would consider that to be binding. This, however, is exactly what those referendums represent. One can only have a referendum over matters which are one's own to decide. I cannot vote on whether or not something that isn't mine ought to be. Every single political declaration, referendum, diplomatic statement etc. are invalid insofar as they cannot overrule the treaty. (See again source 1)4. Citizenship: The fact that Gibraltarians are British citizens is "further evidence to claim Gibraltarians (. .. ) are not Spanish and deserve to remain within their home country of the UK. It should be British because it is British? This is precisely the matter under discussion. The fact that Gibraltarians have British citizenship and follow British law is the situation which I deem unjust and contrary to international law does not prove that it is just and in conformity with international law. Something is not justified by being the case. Economic reasons:1. UK has a solid economy: The UK is the 6th largest economy in the world, the second in Europe.2. Spain has an abysmal economy: Spain is the 12th world economy and has both a gigantic debt and monstrous unemployment.3. Comparison: It is in the best interest of Gibraltar to remain British, whereas Spain only wants them because they are a tax haven and hurt the Spanish economy. The sun shines upon rich and poor alike. A country being in a better or worse economic situation has no bearing on the justice or injustice of a situation. Gibraltar's status as a tax haven does indeed harm the Spanish economy, but it harms the British economy and the European economy as a whole as well, as is evidenced by moves in the UK to limit their free reign to gambling emporia, for example. (5) That is the nature of tax havens. None of this, however, has any bearing on the legal status of the colony. Cultural reasons:1. Gibraltar is British: The population of Gibraltar has been assimilated into British culture. The Llanitos are usurpers: The current inhabitants of Gibraltar are not descended from Spaniards who have been assimilated into British culture for the simple reason that they are not descended from the original inhabitants. The British expelled the inhabitants of the town of Gibraltar, who went to the neighboring towns of La Línea de la Concepción, San Roque and Los Barrios. (6) They are mostly descended from Genoese and Maltese. (7) If anything they have been assimilated into the Spanish culture. They speak Spanish, eat Spanish food, listen to Spanish music. The only thing British about them is their allegiance and economic interests, which do not constitute a case against international obligations. Conclusion:Nothing that has been set forward by my opponent in any way addresses the issue. Not only has he neglected to acknowledge the treaty if only to question its validity, but he has set forward arguments which have no bearing on the colony's status one way or another. As it stands readers have little alternative than to side with the UN's decolonization committee (8) and recognize Spain's sovereign right over the area. Sources: (1) . http://bit.ly...(2) . http://bit.ly...(3) . http://bit.ly... (begging your pardon, the Spanish-language version of the treaty)(4) . http://bit.ly...(5) . http://bit.ly...(6) . http://bit.ly...(7) . http://bit.ly...(8) . http://bit.ly...