Overview

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.

Full Product Details

Author:   Ian Hendry ,  Susan Dickson
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Edition:   2nd edition
Weight:   0.885kg
ISBN:  

9781509918706

ISBN 10:   1509918701
Pages:   432
Publication Date:   14 June 2018
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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 Generally 7. 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 Nationality Belonger Status 12. Public Finance Constitutional Responsibility Revenue Consolidated Fund and Other Funds Expenditure Borrowing and Lending Audit Public 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 Extradition 14. 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 Claims 15. Air and Maritime Transport Air Transport Maritime Transport 16. Termination of British Sovereignty Independence Transfer of Territory Shared Sovereignty

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Author Information

Ian Hendry is a Constitutional Adviser and former Deputy Legal Adviser to the Foreign and Commonwealth Office. Susan Dickson is a Legal Counsellor at the Foreign and Commonwealth Office.

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