British Overseas Territories Law de Ian Hendry

British Overseas Territories Law

Ian Hendry

Susan Dickson

This is a manual of law and practice relating to the 14 remaining British overseas territories: Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn Islands; St Helena, Ascension and Tristan da Cunha; South Georgia and South Sandwich Islands; Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus; Turks and Caicos Islands; and Virgin Islands.Most, if not all, of these territories are likely to remain British for the foreseeable future, and many have agreed modern constitutional arrangements with the British Government. This book provides a comprehensive description of the main elements of their governance in law and practice, and of the constitutional and international status of the territories. This long-awaited second edition provides a comprehensive update on the law governing overseas territories. It reflects the post-Brexit landscape, and covers the Extradition Act 2003 (Overseas Territories) Order 2016 and the Emergency Powers (Overseas Territories) Order 2017. In addition, it explores case law developments from Chagos Islanders v The United Kingdom to the Mauritius case concerning British Overseas Territory waters.

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1. Introduction The British Overseas Territories Dependent Territories Colonies Her Majesty's Dominions British Possessions United Kingdom British Islands Channel Islands and Isle of Man Protectorates, Protected States and Associated States Means of Acquisition of the Territories Colonial Boundaries Commonwealth Membership Territories' Constitutional Arrangements Laws of the Territories Human Rights Protection Defence and Security Nationality of the Territories' Inhabitants Public Finance The Territories in International Law Air and Maritime Transport Termination of British Sovereignty 2. Constitutional Arrangements Legal Basis for the Territories' Constitutions Constitutional Relationship Between the Territories and United Kingdom Constitutional Amendment and Review 3. The Office of Governor Title of the Office Position and Status of Governor Authority of the Office of Governor Instructions to a Governor Colonial Regulations Executive Functions of a Governor Functions of a Governor in the Legislative Field Emergency Powers Functions of a Governor in the Judicial Field Functions of a Governor in Relation to Public Finance Acting Governors Governors' Deputies Oaths or Affirmations to be Taken by Governors Legal Liability of Governors Petitions Office of Deputy Governor Governor's Staff 4. Legislative Authority and Controls Legislative Authorities in the United Kingdom Legislative Authorities in the Overseas Territories Scope of Local Legislative Authority Executive Controls on Locally Enacted Legislation Judicial Controls 5. Executive Authority and Controls Executive Government in the Territories Controls Over Executive Government The Public Service 6. Judicial Authority Legal Basis for the Establishment of Courts Courts of the Overseas Territories Judicial Service Commissions Judicial Appointments Judicial Security of Tenure Judicial Independence Generally7. The Law Officers Role of the Attorney General Appointment and Security of Tenure Constitutional Independence Director of Public Prosecutions Queen's Counsel 8. Sources of Law Statute Law Common Law and Rules of Equity Judicial Decisions Existing Laws Provisions in Constitution Orders 9. Human Rights in the Territories Constitutional Human Rights Provisions Derogation from Fundamental Rights and Freedoms Under Emergency Powers Detention Under Emergency Laws Enforcement of Protective Provisions Human Rights Commissions Complaints Commissioners International Human Rights Instruments and Overseas Territories 10. Defence, Public Order and Security, and Emergency Powers Defence Public Order and Security Rights Convention Emergency Powers 11. Nationality and Belonger Status NationalityBelonger Status 12. Public Finance Constitutional Responsibility Revenue Consolidated Fund and Other Funds Expenditure Borrowing and Lending AuditPublic Accounts Committees Special Constitutional Provisions Remuneration Assistance to the Territories Financial Liability 13. External Relations Constitutional Responsibility General Entrustments Legislative Action and Controls Consular Relations and External Representation Extradition14. The Territories in International Law Charter of the United Nations Self-Determination Treaties Entrustments Agreements Between Territories or Between a Territory and United Kingdom Maritime Areas and Airspace Sovereignty Claims15. Air and Maritime Transport Air Transport Maritime Transport 16. Termination of British Sovereignty Independence Transfer of Territory Shared Sovereignty