British Overseas Territories Law

2. Auflage 2018
ISBN: 978-1-5099-1870-6
Verlag: Bloomsbury Publishing (UK)

Buch, Englisch, 432 Seiten, Hardback, Format (B × H): 169 mm x 244 mm, Gewicht: 916 g

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.

Autoren/Hrsg.

Hendry, Ian

Dickson, Susan

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Dickson, Susan
Susan Dickson is a Legal Counsellor at the Foreign and Commonwealth Office.

Hendry, Ian
Ian Hendry is a Constitutional Adviser and former Deputy Legal Adviser to the Foreign and Commonwealth Office.

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.