CHAPTER 2 the Modern State 29 Key Questions Learning Objectives
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The Sovereignty of the Crown Dependencies and the British Overseas Territories in the Brexit Era
Island Studies Journal, 15(1), 2020, 151-168 The sovereignty of the Crown Dependencies and the British Overseas Territories in the Brexit era Maria Mut Bosque School of Law, Universitat Internacional de Catalunya, Spain MINECO DER 2017-86138, Ministry of Economic Affairs & Digital Transformation, Spain Institute of Commonwealth Studies, University of London, UK [email protected] (corresponding author) Abstract: This paper focuses on an analysis of the sovereignty of two territorial entities that have unique relations with the United Kingdom: the Crown Dependencies and the British Overseas Territories (BOTs). Each of these entities includes very different territories, with different legal statuses and varying forms of self-administration and constitutional linkages with the UK. However, they also share similarities and challenges that enable an analysis of these territories as a complete set. The incomplete sovereignty of the Crown Dependencies and BOTs has entailed that all these territories (except Gibraltar) have not been allowed to participate in the 2016 Brexit referendum or in the withdrawal negotiations with the EU. Moreover, it is reasonable to assume that Brexit is not an exceptional situation. In the future there will be more and more relevant international issues for these territories which will remain outside of their direct control, but will have a direct impact on them. Thus, if no adjustments are made to their statuses, these territories will have to keep trusting that the UK will be able to represent their interests at the same level as its own interests. Keywords: Brexit, British Overseas Territories (BOTs), constitutional status, Crown Dependencies, sovereignty https://doi.org/10.24043/isj.114 • Received June 2019, accepted March 2020 © 2020—Institute of Island Studies, University of Prince Edward Island, Canada. -
Nigeria's Constitution of 1999
PDF generated: 26 Aug 2021, 16:42 constituteproject.org Nigeria's Constitution of 1999 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:42 Table of contents Preamble . 5 Chapter I: General Provisions . 5 Part I: Federal Republic of Nigeria . 5 Part II: Powers of the Federal Republic of Nigeria . 6 Chapter II: Fundamental Objectives and Directive Principles of State Policy . 13 Chapter III: Citizenship . 17 Chapter IV: Fundamental Rights . 20 Chapter V: The Legislature . 28 Part I: National Assembly . 28 A. Composition and Staff of National Assembly . 28 B. Procedure for Summoning and Dissolution of National Assembly . 29 C. Qualifications for Membership of National Assembly and Right of Attendance . 32 D. Elections to National Assembly . 35 E. Powers and Control over Public Funds . 36 Part II: House of Assembly of a State . 40 A. Composition and Staff of House of Assembly . 40 B. Procedure for Summoning and Dissolution of House of Assembly . 41 C. Qualification for Membership of House of Assembly and Right of Attendance . 43 D. Elections to a House of Assembly . 45 E. Powers and Control over Public Funds . 47 Chapter VI: The Executive . 50 Part I: Federal Executive . 50 A. The President of the Federation . 50 B. Establishment of Certain Federal Executive Bodies . 58 C. Public Revenue . 61 D. The Public Service of the Federation . 63 Part II: State Executive . 65 A. Governor of a State . 65 B. Establishment of Certain State Executive Bodies . -
British Columbia 1858
Legislative Library of British Columbia Background Paper 2007: 02 / May 2007 British Columbia 1858 Nearly 150 years ago, the land that would become the province of British Columbia was transformed. The year – 1858 – saw the creation of a new colony and the sparking of a gold rush that dramatically increased the local population. Some of the future province’s most famous and notorious early citizens arrived during that year. As historian Jean Barman wrote: in 1858, “the status quo was irrevocably shattered.” Prepared by Emily Yearwood-Lee Reference Librarian Legislative Library of British Columbia LEGISLATIVE LIBRARY OF BRITISH COLUMBIA BACKGROUND PAPERS AND BRIEFS ABOUT THE PAPERS Staff of the Legislative Library prepare background papers and briefs on aspects of provincial history and public policy. All papers can be viewed on the library’s website at http://www.llbc.leg.bc.ca/ SOURCES All sources cited in the papers are part of the library collection or available on the Internet. The Legislative Library’s collection includes an estimated 300,000 print items, including a large number of BC government documents dating from colonial times to the present. The library also downloads current online BC government documents to its catalogue. DISCLAIMER The views expressed in this paper do not necessarily represent the views of the Legislative Library or the Legislative Assembly of British Columbia. While great care is taken to ensure these papers are accurate and balanced, the Legislative Library is not responsible for errors or omissions. Papers are written using information publicly available at the time of production and the Library cannot take responsibility for the absolute accuracy of those sources. -
UK and Colonies
This document was archived on 27 July 2017 UK and Colonies 1. General 1.1 Before 1 January 1949, the principal form of nationality was British subject status, which was obtained by virtue of a connection with a place within the Crown's dominions. On and after this date, the main form of nationality was citizenship of the UK and Colonies, which was obtained by virtue of a connection with a place within the UK and Colonies. 2. Meaning of the expression 2.1 On 1 January 1949, all the territories within the Crown's dominions came within the UK and Colonies except for the Dominions of Canada, Australia, New Zealand, South Africa, Newfoundland, India, Pakistan and Ceylon (see "DOMINIONS") and Southern Rhodesia, which were identified by s.1(3) of the BNA 1948 as independent Commonwealth countries. Section 32(1) of the 1948 Act defined "colony" as excluding any such country. Also excluded from the UK and Colonies was Southern Ireland, although it was not an independent Commonwealth country. 2.2 For the purposes of the BNA 1948, the UK included Northern Ireland and, as of 10 February 1972, the Island of Rockall, but excluded the Channel Islands and Isle of Man which, under s.32(1), were colonies. 2.3 The significance of a territory which came within the UK and Colonies was, of course, that by virtue of a connection with such a territory a person could become a CUKC. Persons who, prior to 1 January 1949, had become British subjects by birth, naturalisation, annexation or descent as a result of a connection with a territory which, on that date, came within the UK and Colonies were automatically re- classified as CUKCs (s.12(1)-(2)). -
British Overseas Territories Law
British Overseas Territories Law Second Edition Ian Hendry and Susan Dickson HART PUBLISHING Bloomsbury Publishing Plc Kemp House , Chawley Park, Cumnor Hill, Oxford , OX2 9PH , UK HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the Diana logo are trademarks of Bloomsbury Publishing Plc First published in Great Britain 2018 First edition published in 2011 Copyright © Ian Hendry and Susan Dickson , 2018 Ian Hendry and Susan Dickson have asserted their right under the Copyright, Designs and Patents Act 1988 to be identifi ed as Authors of this work. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publishers. While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage occasioned to any person acting or refraining from action as a result of any statement in it can be accepted by the authors, editors or publishers. All UK Government legislation and other public sector information used in the work is Crown Copyright © . All House of Lords and House of Commons information used in the work is Parliamentary Copyright © . This information is reused under the terms of the Open Government Licence v3.0 ( http://www.nationalarchives.gov.uk/doc/ open-government-licence/version/3 ) except where otherwise stated. All Eur-lex material used in the work is © European Union, http://eur-lex.europa.eu/ , 1998–2018. A catalogue record for this book is available from the British Library. -
A Global Comparison of Non-Sovereign Island Territories: the Search for ‘True Equality’
Island Studies Journal, 15(1), 2020, 43-66 A global comparison of non-sovereign island territories: the search for ‘true equality’ Malcom Ferdinand CNRS, Paris, France [email protected] Gert Oostindie KITLV, the Netherlands Leiden University, the Netherlands [email protected] (corresponding author) Wouter Veenendaal KITLV, the Netherlands Leiden University, the Netherlands [email protected] Abstract: For a great majority of former colonies, the outcome of decolonization was independence. Yet scattered across the globe, remnants of former colonial empires are still non-sovereign as part of larger metropolitan states. There is little drive for independence in these territories, virtually all of which are small island nations, also known as sub-national island jurisdictions (SNIJs). Why do so many former colonial territories choose to remain non-sovereign? In this paper we attempt to answer this question by conducting a global comparative study of non-sovereign jurisdictions. We start off by analyzing their present economic, social and political conditions, after which we assess local levels of (dis)content with the contemporary political status, and their articulation in postcolonial politics. We find that levels of discontent and frustration covary with the particular demographic, socio- economic and historical-cultural conditions of individual territories. While significant independence movements can be observed in only two or three jurisdictions, in virtually all cases there is profound dissatisfaction and frustration with the contemporary non-sovereign arrangement and its outcomes. Instead of achieving independence, the territories’ real struggle nowadays is for obtaining ‘true equality’ with the metropolis, as well as recognition of their distinct cultural identities. -
BOOK BANKRUPTCY of EMPIRE.Pdf
1 Below is the index of this book by Carlos Marichal and published by Cambridge University Press in 2007. You may visualize the Introduction and chapters 1 and 2. For the rest of the text we recommend you contact Cambridge University Press web site for acquisition in the paperback edition. BANKRUPTCY OF EMPIRE: MEXICAN SILVER AND THE WARS BETWEEN SPAIN, BRITAIN AND FRANCE, 1760-1810 Acknowledgements Introduction: Chapter 1: Resurgence of the Spanish Empire: Bourbon Mexico as Submetropolis, 1763-1800 Chapter 2: An Imperial Tax State: The Fiscal Rigors of Colonialism Chapter 3: Imperial Wars and Loans from New Spain, 1780-1800 Chapter 4: The Royal Church and the Finances of the Viceroyalty Chapter 5: Napoleon and Mexican Silver, 1805-1808 Chapter 6: Between Spain and America: the Royal Treasury and the Gordon/Murphy Consortium, 1806-1808 2 Chapter 7: Mexican Silver for the Cadiz Parliament and the War against Napoleon, 1808-1811 Chapter 8: The Rebellion of 1810, Colonial Debts and Bankruptcy of New Spain Conclusions: The Financial Collapse of Viceroyalty and Monarchy Appendix: Several Tables List of Loans from Colonial Mexico for the Spanish Crown, 1780-1815 List of Loans taken by Spain from Holland with guarantees of payments in Mexican Silver, 1780-1804 Bibliography 3 INTRODUCTION From before the time of Gibbon, historians with a global perspective have been discussing the rise and fall of empires. Today political scientists frequently speak of hegemonic states. If we review some of the best-known studies conducted over the last forty-odd years, it is possible to identify a variety of theoretical approaches adopted by those working on the history of imperial or hegemonic states. -
States and Sovereignty in the Middle East: Myths and Realities
States and sovereignty in the Middle East: myths and realities LOUISE FAWCETT* To many observers the Middle East state system since the Arab uprisings stands at a critical juncture, displaying contradictory patterns of fragility and durability. The uprisings, which started late in 2010, were undoubtedly revolutionary in their initial impact, but beyond Tunisia, it is the counter-revolutionary movement that has proved the more durable.1 The region has witnessed multiple regime changes alongside high levels of popular mobilization, violence and transnational activism. The results have been highly destabilizing, resulting in challenges, not only to regimes, but also to the very sovereignty and territorial integrity of states. This situation, in turn, has contributed to a shifting regional balance of power and repeated episodes of external intervention. Some commentators have argued that the whole regional system, always fragile and contested, is finally undergoing radical transformation; others point to its resilience.2 This article evaluates the latest wave of instability and its consequences for Middle Eastern states, their sovereignty and regional order, introducing themes and discussions taken up in other articles in this special issue. It argues—connecting directly to the article by I. William Zartman3—that despite recent upheavals (and multiple predictions to the contrary), it is likely that the Middle East system of states and borders will remain largely intact—at least in the medium term. This does not mean that states are necessarily ‘strong’ in a Weberian sense, or that sovereignty at different levels is uncontested, but that continuity—state (even regime) survival and border preser- vation—is likely to prevail over major change. -
Integrated Renewable Resource Management for U.S. Insular Areas
Chapter 2 Introduction CONTENTS Page Insular Relationships to the Federal Government . 39 Commonwealths. 39 Unincorporated Territories . 40 Freely Associated States . 40 The Importance of U.S.-Affiliated Islands to US. National Security . 41 Economic Development in U.S.-Affiliated Islands: The Problem . 41 Ecological Factors . 42 Geographical Factors. 43 Socioeconomic Factors . 43 Goals of Renewable Resource Management and Development . 45 Chapter 2 References . 46 Tables Table No. Page 2-1. United States-Insular Area Relationships . 39 2-2. General Characteristics of Islands . 42 Figure Figure No. Page 2-1. Comparison of Typical Population Pyramids . 44 — Chapter Introduction INSULAR RELATIONSHIPS TO THE FEDERAL GOVERNMENT The U.S.-affiliated tropical islands have a is represented by a nonvoting Resident Com- wide range of relationships to the U.S. Govern- missioner. The Resident Commissioner and ment (table 2-1), Two are commonwealths— Delegates sit in the House of Representatives, Puerto Rico and the Northern Mariana Islands have a voice in legislation pertaining to their (NMI)–having local autonomy but voluntarily islands, and can vote in Committee. While the associated with the United States. The U.S. Vir- territories are eligible for many Federal pro- gin Islands, American Samoa, and Guam are grams on the same basis as a State, the islanders unincorporated territories (to which only cer- do not contribute to the national treasury tain provisions of the U.S. Constitution have through Federal income taxes, been expressly extended) under the administra- Determination of U.S. policy for the territo- tion of elected Governors. Finally, the Repub- ries is within the jurisdiction of Congress. -
Defining and Describing Regions
OECD Regions at a Glance 2011 © OECD 2011 Defining and Describing Regions Territorial grids In any analytical study conducted at sub-national levels, the choice of the territorial unit is of prime importance. To address this issue, the OECD has classified two levels of geographic units within each member country (Table A.1 in Annex A). The higher level (Territorial level 2 [TL2]) consists of 362 larger regions while the lower level (Territorial level 3 [TL3]) is composed of 1 794 smaller regions. All the territorial units are defined within national borders and in most of the cases correspond to administrative regions. Regions at the lower level (TL3) are contained within the higher level (TL2).* This classification – which, for European countries, is largely consistent with the Eurostat classification – facilitates greater comparability of geographic units at the same territorial level. Indeed these two levels, which are officially established and relatively stable in all member countries, are used as a framework for implementing regional policies in most countries. Due to limited data availability, labour-market indicators in Canada are presented for groups of TL3 regions. Since these groups are not part of the OECD official territorial grids, for the sake of simplicity they are labelled as non-official grids (NOGs) in this publication and compared with TL3 for the other countries (Table A.1 in Annex A). The OECD has recently started to extend the regional classification to new member countries and emerging economies. More precisely TL2 regions have been identified and statistics collected in Chile, Estonia, Israel and Slovenia (new OECD members); Brazil, the Russian Federation, India, China and South Africa (the BRICS countries). -
List of Commonwealth Countries, British Overseas Territories, British Crown Dependencies and EU Member States
List of Commonwealth countries, British Overseas Territories, British Crown Dependencies and EU member states Commonwealth countries1 Antigua and Barbuda Kenya St Vincent and the Grenadines Australia Kiribati Samoa The Bahamas Lesotho Seychelles Bangladesh Malawi Sierra Leone Barbados Malaysia Singapore Belize Malta* Solomon Islands Botswana Mauritius South Africa Brunei Mozambique Sri Lanka Cameroon Namibia Swaziland Canada Nauru Tonga Dominica New Zealand Trinidad and Tobago Fiji Nigeria Tuvalu Ghana Pakistan Uganda Grenada Papua New Guinea United Kingdom* Guyana Republic of Cyprus* United Republic of Tanzania India Rwanda Vanuatu Jamaica St Christopher and Nevis Zambia St Lucia Zimbabwe *Although also EU member states, citizens of the UK, Cyprus and Malta are eligible to be registered to vote in respect of all elections held in the UK. 1 Citizens of Commonwealth countries that have been suspended from the Commonwealth retain their voting rights. Their voting rights would only be affected if their country was also deleted from the list of Commonwealth countries in the British Nationality Act 1981 through an Act of the UK Parliament. British Overseas Territories Anguilla Pitcairn, Henderson, Ducie and Oeno Islands Bermuda St Helena, Ascension and Tristan da Cunha British Antarctic Territory South Georgia and the South Sandwich Islands British Indian Ocean Territory Sovereign Base areas of Akrotiri and Dhekelia on Cyprus Cayman Islands Falkland Islands Turks and Caicos Islands Gibraltar Virgin Islands Montserrat British Crown Dependencies -
The UK Caribbean Overseas Territories, New Labour, and the Strengthening of Metropolitan Control Caribbean Studies, Vol
Caribbean Studies ISSN: 0008-6533 [email protected] Instituto de Estudios del Caribe Puerto Rico Clegg, Peter The UK caribbean overseas territories, new labour, and the strengthening of metropolitan control Caribbean Studies, vol. 34, núm. 1, enero-junio, 2006, pp. 131-161 Instituto de Estudios del Caribe San Juan, Puerto Rico Available in: http://www.redalyc.org/articulo.oa?id=39211247005 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative THE UK CARIBBEAN OVERSEAS TERRITORIES... 131 THE UK CARIBBEAN OVERSEAS TERRITORIES, NEW LABOUR, AND THE STRENGTHENING OF METROPOLITAN CONTROL Peter Clegg ABSTRACT The article analyses the complex and ever-evolving relationship between Britain and its Overseas Territories in the Caribbean. Links between Britain and its Territories have been shaped and determined by particular historical, constitutional, political and economic trends. For many years the relationship between the Territories and the UK was rather ad hoc—a situation that can be traced back to the compromises, fudges and deals char- acteristic of ‘pragmatic’ British colonial administration. More recently, however, there have been attempts by the Labour government in Britain to overcome the informal nature of the relationship and to develop a new partnership based on mutual obligations and responsibilities. The article describes the appli- cations of this more pro-active and coherent level of oversight and highlights how the principle of more forceful metropolitan control has taken hold. The article asserts that the Territories are now much more heavily integrated into the international system, having adopted either willingly or unwillingly a number of changes to their political, economic and social structures.