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===Spain's sovereignty rights=== During the dispute over the [[Caroline Islands]] between Germany and Spain in 1885 which was arbitrated by [[Pope Leo XIII]], the [[sovereignty]] of Spain over the Caroline and [[Palau]] islands as part of the [[Spanish East Indies]] was analysed by a commission of [[Cardinal (Catholicism)|cardinals]] and confirmed by an agreement signed on 17 December 1885. Its Article 2 specifies the limits of Spanish sovereignty in [[Micronesia|South Micronesia]], being formed by the Equator and 11°N Latitude and by 133° and 164° Longitude. In 1899, Spain sold the Marianas, Carolines, and Palau to Germany after its defeat in 1898 in the [[Spanish–American War]]. However Emilio Pastor Santos, a researcher of the [[Spanish National Research Council]], claimed in 1948<ref name=Pastor-Santos-1950/> that there was historical basis to argue that Kiritimati ("Acea" on the Spanish maps) and some other islands had never been considered part of the Carolines, supported by the charts and maps of the time.{{efn|Based on Pastor Santos' interpretation, Kiritimati was not included in the description of the territory transferred to Germany, since it wasn't part of [[Caroline Islands|the Carolines]], and therefore was not affected on the part of Spain to any cessation of transfer. Theoretically Spain would then have the only jurisdiction and right to the island. Pastor Santos presented his thesis to the Spanish government in 1948. In the Council of Ministers of Spain on 12 January 1949, the [[Ministry of Foreign Affairs and Cooperation (Spain)|Minister of Foreign Affairs]] declared that the proposal had passed to the first stage of public attention. The Cabinet of Diplomatic Information of the Ministry of Foreign Affairs circulated the following note: :The Minister of Foreign Affairs informed the Council of Ministers of the situation in which we find ourselves in view of information and public commentary in the press and because of the requests made of the Spanish administration. The Ministry recognises that it is a certain fact and historic truth due to Article 3 of the Treaty of 1 July 1899, that Spain reserved a series of rights in Micronesia and for another thing, the specifications of the territories which Spain ceded in 1899 leaves apart certain groups of islands in the same zone.<ref name=Pastor-Santos-1950/>{{rp|page=21}} However, no Spanish government has made any attempt in this respect.<ref name=Pastor-Santos-1950/>{{refn|name=Weaver-1967|{{cite report |last=Weaver |first=Zay |title=Territories under Spanish Sovereignty in Oceania |publisher=Palau Museum |place=Koror |year=1967}} – partial translation of Pastor y Santos (1950)<ref name=Pastor-Santos-1950/>}} }} Despite having sought acknowledgement of the issue regarding interpretation of the treaty, no Spanish government has made any attempt to assert sovereignty over Kiritimati, and the case remains a historical curiosity.<ref name=Weaver-1967/>
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