However, Spain disputes the status of Gibraltar and has made numerous attempts to recover the territory, initially by military force and later by economic and diplomatic means.

[6] Writing in 2009, researcher Peter Gold argued that these disagreements made a final agreement, which would have then instigated a British-run referendum per Straw's July 2002 announcement, only a remote possibility.

[2] Reaction in Spain was mostly negative, with El País calling the referendum a "dishonest consultation",[11] while Spanish Minister of Foreign Affairs Ana Palacio described it as "illegal" and "against all the UN resolutions".

[12] However, El País also said that "no Spanish Government, neither this one or its predecessors, has done enough to make joint sovereignty or integration with Spain an attractive prospect".

[11] In London, Jack Straw was criticised by the House of Commons Foreign Affairs Committee, stating that he was wrong to agree to joint sovereignty with Spain, when this was unacceptable to the people of Gibraltar.

The Daily Telegraph said "the people of Gibraltar today overwhelmingly rejected the principle of Britain sharing sovereignty of the Rock with Spain".

Although reasons were diverse, there were two aspects to objections:[15] firstly, the commitment to retaining British sovereignty was seen to not be sufficiently secure;[15] and secondly, the new constitution was deemed not advanced enough in allowing the exercise of the right to self-determination.