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.

"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. It describes their constitutional relationship with the United Kingdom, and goes on to deal with legislative, executive and judicial authority and controls, their sources of law and human rights protection in the territories. It considers the Offices of the Governor and the Law Officers of the Territories. It analyses defence, security and emergency powers in the territories; the nationality and status of people 'belonging' to them; their public finance arrangements; their relationship with the European Union; and the conduct of their external relations. It examines the position of the territories under international law, including their relationship with the United Kingdom in that context and the United Kingdom's international responsibility for them, and contains a description of the means of terminating British sovereignty over them. An Annex sets out key features of each territory in turn, describing briefly its history, status, constitutional structure, courts, law, economy and, in some cases, regional integration."--Bloomsbury Publishing.

This title remains the definitive work on British nationality law. Written by the recognised world authority on the subject, this is a 'must-have' book for all involved in nationality law and related immigration and human rights issues. In depth discussion and an all-encompassing range of subject areas are covered, plus expert commentary of the highest standard make this a reference source of major importance for all practitioners in this field. The new 3erd edition of this well-respected work ihas been fully up-dated to cover the extensive changes made by the British Overseas Territories Act 2002 and the Nationality, Immigration and Asylum Act 2002.

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.

Overseas Territories : Seventh report of session 2007-08, Vol. 2: Oral and written Evidence

The Government, in consultation with the Territories and other stakeholders, has developed a strategy of re-engagement: strengthening links between the Territories and the UK; strengthening governance; and enhancing support to the Territories. This White Paper sets out priorities for action in terms of defending the Territories; supporting successful economic development; preserving the Territories' rich environmental heritage and addressing the challenges of climate change; making government work better; community issues; and strengthening links with international and regional organisations or other countries. Taking this forward will require a partnership between the UK Government and Territory Governments. The UK wants to strengthen political engagement between Ministers in the UK and the Territories, particularly through the proposed Joint Ministerial Council, and is determined to live up to its responsibilities to the Territories

This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter ‘Anachronistic As Colonial Remnants May Be...’ - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.