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Author: Ian Hendry Publisher: Bloomsbury Publishing ISBN: 1509918728 Category : Law Languages : en Pages : 431
Book Description
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.
Author: Ian Hendry Publisher: Bloomsbury Publishing ISBN: 1509918728 Category : Law Languages : en Pages : 431
Book Description
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.
Author: Dominic Thomas-James Publisher: Routledge ISBN: 1000411176 Category : Business & Economics Languages : en Pages : 133
Book Description
This book considers the ability of island jurisdictions with financial centres to meet the expectations of the international community in addressing the threats posed to themselves and others by their innocent (or otherwise) facilitation of the receipt of suspect wealth. In the global financial architecture, British Overseas Territories are of material significance. Through their inalienable right to self-determination, many developed offshore financial centres to achieve sustainable economic development. Focusing on Bermuda, Turks and Caicos, and Anguilla, the book concerns suspect wealth emanating from financial crimes including corruption, money laundering and tax evasion, as well as controversial conduct like tax avoidance. This work considers the viability of international standards on suspect wealth in the context of the territories, how willing or able they are to comply with them, and how their financial centres can better prevent receipt of suspect wealth. While universalism is desirable in the modern approach to tackling suspect wealth, a one-size-fits-all approach is inappropriate for these jurisdictions. On critically evaluating their legislative and regulatory regimes, the book advances that they demonstrate willingness to comply with international standards. However, their abilities and levels of compliance vary. In acknowledging the facilitatively harmful role the territories can play, this work draws upon evidence of implication in transnational financial crime cases. Notwithstanding this, the book questions whether the degree of criticism that these offshore jurisdictions have encountered is warranted in light of apparent willingness to engage in the enactment and administration of internationally accepted laws and cooperate with international institutions.
Author: Charles Cawley Publisher: Cambridge Scholars Publishing ISBN: 1443881287 Category : History Languages : en Pages : 455
Book Description
The British Overseas Territories are the last remnants of the British Empire scattered around the globe. This book traces their little-known history from their discovery by European explorers to today’s controversies, wars and scandals, which are all rooted in the past. Argentina’s claim to the Falkland Islands, South Georgia and the British Antarctic Territory is tested against early documentation. The multinational development of Gibraltar provides the backdrop to Spain’s current position regarding the Rock. Ignoring the interests of Diego Garcia residents when a US naval base was constructed is traced to longstanding neglect of the island. The past development of the Cayman Islands and the Virgin Islands is compared to explain their different paths towards today’s success. The comparison between Bermuda’s current prosperity and St. Helena’s difficulties is traced to their different administrative evolution since the 17th century. Anguilla’s resistance to pirate attacks helped develop its resilience in opposing later political union with St. Kitts. The roots of Montserrat’s political problems are traced to complacent 18th century planters, while the seeds of recent scandals in Pitcairn Island and the Turks and Caicos were sown in the 19th century. The book reviews the internal and external conflicts which exacerbated the social, legal, economic and political problems suffered by these territories. Neglect by corrupt administrators created a two-speed British Empire in which the interests of the smaller colonies were largely ignored. The consequences for these territories of European dynastic wars, the slave trade and emancipation, the French Revolution, and the American War of Independence are all analysed. No other published history has tackled the subject in such broad terms. The study breaks new ground in academic research and provides original insights into identifying solutions to current problems.
Author: Elizabeth W. Davies Publisher: Cambridge University Press ISBN: 9780521481885 Category : Law Languages : en Pages : 410
Book Description
Of the fifteen British colonies and their dependencies which existed up to the 1960s, only six British dependent territories now remain in the West Indies and North Atlantic. This book seeks to determine reasons for their current status by examining their legal, constitutional, and practical relationships with the British government, set against the territories' socio-economic, geographic, and historic backgrounds. A series of contemporary case studies explores the extent to which such government meets and safeguards the legitimate interests of dependent territory citizens. In looking at the range of constitutions that have emerged - aiming to strike a balance between the interests of local people in governing their own affairs and those of Britain in discharging its responsibilities without incurring unnecessary liabilities - the book achieves a relevance beyond this particular region and time.
Author: Dimitry Kochenov Publisher: Kluwer Law International B.V. ISBN: 9041142738 Category : Law Languages : en Pages : 569
Book Description
Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the ‘EU law of the Overseas’. Member States’ territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.
Author: Richard Albert Publisher: ISBN: 0198793049 Category : Law Languages : en Pages : 753
Book Description
A first-of-its-kind resource studying the operation of constitutional law across the entire Caribbean, embracing the linguistic, political, and cultural diversity of the region, Each jurisdictional chapter shares a common format and structure to aid comparison between different jurisdictions, Contributors from a variety of different disciplines-law, history, and political science-provide a range of perspectives on the study of the region's constitutions Book jacket.
Author: Robert Aldrich Publisher: Cambridge University Press ISBN: 052141461X Category : Biography & Autobiography Languages : en Pages : 353
Book Description
This comprehensive and authoritative book is about the last colonies, those remaining territories formally dependent on metropolitan powers. It discusses the surprisingly large number of these territories, mainly small isolated islands with limited resources. Yet these places are not as obscure as might be expected. They may be major tourist destinations, military bases, satellite tracking stations, tax havens or desolate, underpopulated spots that can become international flashpoints, such as the Falklands. The authors find that at a time of escalating nationalism and globalization, these remnants of empire provide insights into the meanings of political, economic, legal and cultural independence, as well as sovereignty and nationhood. This book provides a broad-based and provocative discussion of colonialism and interdependence in the modern world, from a unique perspective.
Author: Dimitry Kochenov Publisher: Kluwer Law International B.V. ISBN: 904113445X Category : Law Languages : en Pages : 538
Book Description
Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the 'EU law of the Overseas'. Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.
Author: Ian Hendry
Author: Ian Hendry
Author: Dominic Thomas-James
Author: Charles Cawley
Author: Elizabeth W. Davies
Author: Dimitry Kochenov
Author: Richard Albert
Author: Robert Aldrich
Author: Richard Plender
Author: Dimitry Kochenov
Author: Peter Malanczuk