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British Overseas Territories Law [Kõva köide]

  • Formaat: Hardback, 390 pages, kõrgus x laius x paksus: 234x156x28 mm, kaal: 821 g
  • Ilmumisaeg: 21-Mar-2011
  • Kirjastus: Hart Publishing
  • ISBN-10: 1849460191
  • ISBN-13: 9781849460194
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  • Formaat: Hardback, 390 pages, kõrgus x laius x paksus: 234x156x28 mm, kaal: 821 g
  • Ilmumisaeg: 21-Mar-2011
  • Kirjastus: Hart Publishing
  • ISBN-10: 1849460191
  • ISBN-13: 9781849460194
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.

Arvustused

The authors are perfectly positioned to write a study dedicated to the British overseas territories in the post-colonial world as they played a central role in negotiating the new constitutions (which are, legally speaking, Her Majesty's Orders in Council) for a great number of the exotic places they now write about.

...it is... reliable and comprehensive; exactly what one would expect of a practitioners book, which is what the authors aimed at writing. Buy this book before it is out of stock -- Dimitry Kochenov * Common Market Law Review, Volume 49, 5 * Ian Hendry and Susan Dickson's book on British Overseas Territories Law is a welcome and comprehensive review of the law in this area.

It is a manual of law and practice, well organised and clearly written, dealing with a wide range of issues including sources of law, constitutional arrangements, relationships between the executive, judiciary and legislature, human rights protection, nationality and status, as well as the territories' status in international and EU law...And with a nod to Roberts-Wray, the book includes a very useful annex describing the arrangements in each specific territory. Already regarded by some as the definitive authority, I am grateful to the authors for their efforts and ability to provide what I have no doubt is the essential text for those who have an interest in this area. -- Lorna Drummond QC * Journal of the Law Society of Scotland * The authors are legal advisers at the British Foreign and Commonwealth Offices and are probably among a very small number of persons now capable of producing a work of this nature. They should be congratulated for doing so. The fruits of their endeavours easily matches the standards set by any of their predecessors.

...the inherent quality of the work will ensure that this book will be an invaluable resource for students, practitioners and academics for many decades to come. -- Thomas Mohr * Irish Jurist *

Foreword v
Preface vii
Table of Cases
xiii
Table of Laws of the British Overseas Territories
xvii
Table of United Kingdom Statutes
xxiii
1 Introduction
1(13)
The British Overseas Territories
2(1)
Dependent Territories
3(1)
Colonies
4(1)
Her Majesty's Dominions
4(1)
British Possessions
5(1)
The United Kingdom
5(1)
The British Islands
5(1)
The Channel Islands and the Isle of Man
5(1)
Protectorates, Protected States and Associated States
6(1)
Means of Acquisition of the Territories
6(2)
Colonial Boundaries
8(1)
Commonwealth Membership
9(1)
The Territories' Constitutional Arrangements
9(1)
The Laws of the Territories
10(1)
Human Rights Protection
11(1)
Defence and Security
11(1)
The Nationality of the Territories' Inhabitants
11(1)
Public Finance
12(1)
The Territories in International Law
12(1)
The Territories and the European Union
13(1)
The Termination of British Sovereignty
13(1)
2 Constitutional Arrangements
14(21)
The Legal Basis for the Territories' Constitutions
14(8)
The Constitutional Relationship Between the Territories and the United Kingdom
22(7)
Constitutional Amendment and Review
29(6)
3 The Office of Governor
35(20)
The Title of the Office
35(1)
The Position and Status of Governor
36(2)
The Authority of the Office of Governor
38(1)
Instructions to a Governor
39(3)
Colonial Regulations
42(1)
Executive Functions of a Governor
43(3)
Functions of a Governor in the Legislative Field
46(1)
Emergency Powers
47(1)
Functions of a Governor in the Judicial Field
47(1)
Acting Governors
48(1)
Governors' Deputies
49(1)
Oaths or Affirmations to be Taken by Governors
50(1)
Legal Liability of Governors
50(2)
Petitions
52(1)
The Office of Deputy Governor
53(1)
Governor's Staff
54(1)
4 Legislative Authority and Controls
55(24)
Legislative Authorities in the United Kingdom
55(7)
Legislative Authorities in the Overseas Territories
62(4)
Scope of Local Legislative Authority
66(6)
Executive Controls on Locally-enacted Legislation
72(5)
Judicial Controls
77(2)
5 Executive Authority and Controls
79(19)
Executive Government in the Territories
79(10)
Controls Over Executive Government
89(5)
The Public Service
94(4)
6 Judicial Authority
98(26)
Legal Basis for the Establishment of Courts
98(2)
The Courts of the Overseas Territories
100(11)
Judicial Service Commissions
111(3)
Judicial Appointments
114(1)
Judicial Security of Tenure
115(8)
Judicial Independence Generally
123(1)
7 The Law Officers
124(11)
The Role of the Attorney General
125(2)
Appointment and Security of Tenure
127(4)
Constitutional Independence
131(1)
Director of Public Prosecutions
132(3)
8 Sources of Law
135(16)
Statute Law
135(7)
Common Law and Rules of Equity
142(3)
Judicial Decisions
145(4)
Existing Laws Provisions in Constitution Orders
149(2)
9 Human Rights in the Territories
151(24)
Constitutional Human Rights Provisions
152(8)
Derogation from Fundamental Rights and Freedoms Under Emergency Powers
160(3)
Detention Under Emergency Laws
163(1)
Enforcement of Protective Provisions
164(6)
Human Rights Commissions
170(1)
Complaints Commissioners
171(2)
International Human Rights Instruments and The Overseas Territories
173(2)
10 Defence, Public Order and Security, and Emergency Powers
175(22)
Defence
175(7)
Public Order and Security
182(9)
Emergency Powers
191(6)
11 Nationality and Belonger Status
197(13)
Nationality
197(7)
Belonger Status
204(6)
12 Public Finance
210(15)
Constitutional Responsibility
210(2)
Revenue
212(1)
Consolidated Fund and other Funds
213(1)
Expenditure
213(4)
Borrowing and Lending
217(1)
Audit
217(3)
Public Accounts Committees
220(1)
Assistance to the Territories
221(2)
Financial Liability
223(2)
13 External Relations
225(21)
Constitutional Responsibility
225(9)
General Entrustments
234(5)
Legislative Action and Controls
239(1)
Consular Relations and External Representation
240(1)
Extradition
241(1)
Appendix 1
241(2)
Appendix 2
243(3)
14 The Territories in International Law
246(18)
The Charter of the United Nations
246(5)
Self-determination
251(2)
Treaties
253(4)
Entrustments
257(4)
Agreements Between Territories or Between a Territory and The United Kingdom
261(1)
Maritime Areas and Airspace
261(1)
Sovereignty Claims
262(2)
15 The Territories and the European Union
264(15)
The Treaty of Lisbon
264(1)
The Treaty on European Union
264(1)
The Treaty on the Functioning of the European Union
265(12)
Common Foreign and Security Policy
277(1)
The Euratom Treaty
278(1)
16 Termination of British Sovereignty
279(11)
Independence
280(5)
Transfer of Territory
285(4)
Shared Sovereignty
289(1)
Annex
290(62)
Anguilla
290(6)
Bermuda
296(3)
British Antarctic Territory
299(2)
British Indian Ocean Territory
301(4)
British Indian Ocean Territory (Constitution) Order 2004
305(6)
Cayman Islands
311(5)
Falkland Islands
316(4)
Gibraltar
320(4)
Montserrat
324(4)
Pitcairn, Henderson, Ducie and Oeno Islands
328(4)
St Helena, Ascension and Tristan Da Cunha
332(4)
South Georgia and the South Sandwich Islands
336(3)
Sovereign Base Areas of Akrotiri and Dhekelia
339(3)
Turks and Caicos Islands
342(5)
Virgin Islands
347(5)
Index 352
Ian Hendry is a Constitutional Adviser to the Foreign and Commonwealth Office and a former Deputy Legal Adviser there. Susan Dickson is a Legal Counsellor at the Foreign and Commonwealth Office.