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British Overseas Territories Law

By: Ian Hendry, Susan Dickson
Media of British Overseas Territories Law
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Published: 14-06-2018
Format: Hardback
Edition: 2nd
Extent: 432
ISBN: 9781509918706
Imprint: Hart Publishing
Dimensions: 244 x 169 mm
RRP: £95.00
 

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About British Overseas Territories Law

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.

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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