MUN BRIEFING PAPER Fraying at the edges: How do we resolve border disputes? Hi delegates! I'm David Thorburn and as you know, along with Luca Marasa I will be chairing the Political II Committee at GWCMUN 2013 in March. It will be my sixth conference but my first time chairing so I'm looking forward to a proper baptism of fire. I'll be chairing the topic "Fraying at the edges: How do we resolve border disputes?" To start with, I'll be explaining the issue, then going on to some in-depth examples of border disputes. First, a definition of what constitutes a border dispute. A border dispute is a situation where 2 countries both claim ownership of a particular piece of land and are in conflict, either through diplomatic means or warfare. Border disputes and how to resolve them are pressing issues right across the world, and these issues, if not properly addressed, can spill over into war. As the U.N. has a duty to preserve world peace, surely it has a duty to get involved in these situations and to try and prevent them from escalating? This issue has come up very recently, with China and Japan clashing over the ownership of the Diaoyu/Senkaku Islands and their oil reserves. Border disputes are a problem for all across the globe, with the disputes between Spain and Morocco over Ceuta and Melilla and the dispute between Britain and Spain over Gibraltar just three of the countless examples. And, of course, there is the ever-present Israel-Palestine conflict, a prime example of a border dispute with wide-ranging and complex causes that has escalated and has almost taken on a life of its own. These border disputes are often raised at the UN, but it is generally impossible to resolve the dispute in a manner that does not leave some hurt feelings on one side or the other, often with the bigger country with more powerful allies winning out, and often the needs and desires of the residents of the territories and disputes are ignored. Would it be better to have a forum in which the arguments of both sides were given equal credence and the views of the inhabitants could be taken into account when trying to resolve these issues, and whose decisions were binding in international law? Not every border dispute spills over into conflict, but when it does it gets a lot of media exposure and usually creates a wave of emotional feeling in the belligerent countries. You may have heard of the Falkland Islands (or the Malvinas, if you’re Argentinian) - a prime example of a dispute that escalated into war and resulted in the loss of 907 lives and received regular frontpage news coverage both in Britain and Argentina, the countries having the dispute. George Watson’s College MUN Conference 2013 MUN BRIEFING PAPER Here's an in depth example for you: Gibraltar: Gibraltar is a peninsula, bordered by Spain on its landward side, that is claimed by Spain and administered by the U.K. as a British Overseas Territory. Gibraltar has almost complete internal self-government through an elected parliament, with defence, foreign policy and internal affairs formally the responsibility of the Governor of Gibraltar, the representative of Queen Elizabeth who is the head of state. The British claim rests on 300 years of administration since its capture in the War of the Spanish Succession, according to the terms of the 1713 Treaty of Utrecht, in which Spain ceded: "the full and entire propriety of the town and castle of Gibraltar, together with the port, fortifications, and forts thereunto belonging … for ever, without any exception or impediment whatsoever." This would seem to suggest that Spain agreed to give Gibraltar to Britain in perpetuity. Britain also bases its claim on the democratic right to self-determination of the Gibraltarian people, and their overwhelming wish to remain part of Britain, with 98.97% voting ‘no’ to a hypothetical proposal on shared sovereignty with Spain. The Spanish claim rests on the principle of territorial integrity which, according to U.N. Resolution 1514 (XV), complements and constrains the right to self-determination. The Spanish view is that Gibraltarians are only settlers from the United Kingdom and other countries and only their interests, not their wishes (as the right to self-determination would involve), must be safeguarded. The U.N. has also previously passed resolutions that call for talks between the British and Spanish Governments with a view to “ending the colonial situation in Gibraltar and to safeguarding the interests of the population”, seeming to support the Spanish positions that, firstly, Gibraltar is a colony of the U.K., and secondly, the wishes of the Gibraltarians need not be taken into account, only their interests. The U.N. has been unable to resolve the dispute, despite passing a number of resolutions on the subject, and the ownership of Gibraltar continues to be a bone of contention between the British, Gibraltarian and Spanish Governments to this day, with Queen Sofía of Spain cancelling plans to travel to England to participate in the Diamond Jubilee of Elizabeth II, as a protest in response to a planned visit to Gibraltar by Prince Edward, with the Spanish Government also lodging a protest. Relations between Britain and Spain "returned to a state of growing confrontation" following the election of Spanish Prime Minister Mariano Rajoy in December 2011. Plans for a 100-boat flotilla to sail around the peninsula to mark the Queen's Diamond Jubilee were adopted in Gibraltar as "a show of defiance against Spain." This is an example of a dispute to which, despite attempted U.N. intervention, there is no end in sight. The debate over how to resolve border disputes still goes on today, and poses many pressing and difficult questions for the U.N.: Who should decide which side’s claim is more valid? Does your country believe that the decision should be made by a process conducted by the U.N. or other body? George Watson’s College MUN Conference 2013 MUN BRIEFING PAPER Or does your country believe it should be left to the disputing countries to come to an agreement through peaceful negotiation? How do you ensure that the countries in dispute actually participate in any process and respect its outcome? You should consider all these questions in your resolution. If you hope to be considered for an award at the conference, which you all should really, you do need to submit a Position Paper (50 words explaining your country’s views on the given issue) by 15th February at the latest. It really is easy and shouldn’t be hard to do, so please all do one. You can email these to me at [email protected]. You are also expected to bring a Resolution on two of the 4 Committee topics with you when you come to the Conference. Have fun making your resolutions, and I’ll see you all in March! Useful Links: listverse.com/2011/09/02/top-10-controversial-territorial-disputes/ https://www.cia.gov/library/publications/the-world-factbook/fields/2070.html Country Profiles: news.bbc.co.uk/2/hi/country_profiles/default.stm www.nationsonline.org/oneworld https://www.cia.gov/library/publications/the-world-factbook/ For issues of current debate: www.idebate.org www.newint.org www.amnesty.org George Watson’s College MUN Conference 2013
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