TAKING A CLOSER LOOK AT A STATES JURISDICTION
HOME AIN’T THE SUBSOIL OR THE SEABED AND IT CERTAINLY AIN’T NO A4 SIZED PIECE OF PAPER –
Oh what a tangled web we weave
When first we practice to deceive. – Sir Walter Scott (Marmion, 1808)
The Jurisdiction In Which The Spanish Are Taxed In:
The Double Taxation Relief (Taxes on Income) (Spain) Order 1976
See: Article 3
(b) the term “Spain” means the Spanish State and, when used in a geographical sense, Peninsular Spain, the Balearic and Canary Islands, and the Spanish towns and territories in Africa, including any area outside the territorial sea of Spain which in accordance with international law has been or may hereafter be designated, under the laws of Spain concerning the Continental Shelf, as an area within which the rights of Spain with respect to the sea bed and sub-soil and their natural resources may be exercised;
Spain the Spanish State is separate from Spain in a geographical sense.
Spain in a geographical sense has nothing to do with Spain the Spanish State.
When speaking of Spain the Spanish State (a body politic, and therefore in line with the definition of a fictional noun), you must ignore the extra information that has no relevance to Spain the Spanish State and that is added to simply confuse the unwary and inattentive. This extra information, is given as Spain in the geographical sense and is provided to the reader in the following terms, ‘and, when used in a geographical sense… ‘.
This is a legal trap to make you think that Spain the Spanish State is one and the same with Spain in a geographical sense.
Spain in a geographical sense is commonly thought of as actual ‘land’. However, this is also doubtful as no mention of land is made. What is given are labels; Peninsular Spain, the Balearic and Canary Islands, and the Spanish towns and territories in Africa; and not labels that tell us to expect actual ‘land’ that is being spoken about , for example,
‘and, when used in a geographical sense, the lands of Peninsular Spain, the lands of the Balearic and Canary Islands, and the lands of the Spanish towns and territories in Africa’.
Nevertheless, we can say that the ‘body-politic’ of the Spanish State as Spain is indeed entirely a separate entity from the ‘geography’ of Spain commonly thought of as land, and must not in any way be construed to mean the same thing. One is most definitely a fictional noun that refers to something which can have no independent existence of its own in fact, as in a ghost; while the other at best maybe referring to ‘actual land’ as a word that is a real noun that points to and indicates things that do have an independent existence of their own as fact.
Now, when the Spanish State as Spain and in particular the geographical sense of Spain is spoken of, it is made finally clear where this geography and therefore jurisdictional authority of the Spanish State is to be found. It is to be found after the word ‘including’.
So, with that term ‘including’ we can now think finally of Peninsular Spain to mean ‘that part of Peninsular Spain made up of…’; the Balearic and Canary Islands to mean ‘that part of the Balearic and Canary Islands made up of…’; etc.
In so far as what the Spanish State is made up of…well, it’s a fictional noun defined on paper to be found most probably within the constitution as well as most definitely in Article 3(b) of The Double Taxation Treaty between the U.K. and Spain.
The Spanish States is quite literally made up of ‘a piece of paper’ and any jurisdictional claims it has to the subsoil and seabed.
What a tangled web ‘they’ indeed do weave.
WHERE AM I – PART II
POLAND A CASE IN POINT
Thousands of police march in Spain austerity protest
[Note.- See paragraph 3 – “Citizens! Forgive us for not arresting those truly responsible for this crisis: bankers and politicians,” read one banner held aloft by a line of officers as they marched to the interior ministry.]
Comment.- It’s difficult to make arrests when you don’t understand the nature of the wrong-doing or crime
Continental Shelf Surveys
Using Science to Delineate the Limits of Canada’s Continental Shelf
Article 76 and the Continental Shelf
Commission on the Limits of the Continental Shelf (CLCS) – The continental shelf