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Federal Systems and Accommodation of Distinct Groups: a Comparative Survey of Institutional Arrangements for Aboriginal Peoples
1 arrangements within other federations will focus FEDERAL SYSTEMS AND on provisions for constitutional recognition of ACCOMMODATION OF DISTINCT Aboriginal Peoples, arrangements for Aboriginal GROUPS: A COMPARATIVE SURVEY self-government (including whether these take OF INSTITUTIONAL the form of a constitutional order of government ARRANGEMENTS FOR ABORIGINAL or embody other institutionalized arrangements), the responsibilities assigned to federal and state PEOPLES1 or provincial governments for Aboriginal peoples, and special arrangements for Ronald L. Watts representation of Aboriginal peoples in federal Institute of Intergovernmental Relations and state or provincial institutions if any. Queen's University Kingston, Ontario The paper is therefore divided into five parts: (1) the introduction setting out the scope of the paper, the value of comparative analysis, and the 1. INTRODUCTION basic concepts that will be used; (2) an examination of the utility of the federal concept (1) Purpose, relevance and scope of this for accommodating distinct groups and hence the study particular interests and concerns of Aboriginal peoples; (3) the range of variations among federal The objective of this study is to survey the systems which may facilitate the accommodation applicability of federal theory and practice for of distinct groups and hence Aboriginal peoples; accommodating the interests and concerns of (4) an overview of the actual arrangements for distinct groups within a political system, and Aboriginal populations existing in federations -
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. -
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. -
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. -
Political Status of Puerto Rico: Brief Background and Recent Developments for Congress
Political Status of Puerto Rico: Brief Background and Recent Developments for Congress R. Sam Garrett Specialist in American National Government June 12, 2017 Congressional Research Service 7-5700 www.crs.gov R44721 Political Status of Puerto Rico: Brief Background and Recent Developments for Congress Summary Puerto Rico lies approximately 1,000 miles southeast of Miami and 1,500 miles from Washington, DC. Despite being far outside the continental United States, the island has played a significant role in American politics and policy since the United States acquired Puerto Rico from Spain in 1898. Puerto Rico’s political status—referring to the relationship between the federal government and a territorial one—is an undercurrent in virtually every policy matter on the island. In a June 11, 2017, plebiscite (popular vote), 97.2% of voters chose statehood when presented with three options on the ballot. Turnout for the plebiscite was 23.0% of eligible voters. Some parties and other groups opposing the plebiscite had urged their bases to boycott the vote. (These data are based on 99.5% of precincts reporting results.) After initially including only statehood and free association/independence options, an amended territorial law ultimately permitted three options on the plebiscite ballot: statehood, free association/independence, or current territorial status. Before the latest plebiscite, Puerto Ricans most recently reconsidered their status through a 2012 plebiscite. On that occasion, voters were asked two questions: whether to maintain the status quo, and if a change were selected, whether to pursue statehood, independence, or status as a “sovereign free associated state.” Majorities chose a change in the status quo in answering the first question, and statehood in answering the second. -
The Concepts of Enclave and Exclave and Their Use
www.ssoar.info The concepts of enclave and exclave and their use in the political and geographical characteristic of the Kaliningrad region Rozhkov-Yuryevsky, Yuri Veröffentlichungsversion / Published Version Zeitschriftenartikel / journal article Empfohlene Zitierung / Suggested Citation: Rozhkov-Yuryevsky, Y. (2013). The concepts of enclave and exclave and their use in the political and geographical characteristic of the Kaliningrad region. Baltic Region, 2, 113-123. https://doi.org/10.5922/2079-8555-2013-2-11 Nutzungsbedingungen: Terms of use: Dieser Text wird unter einer Free Digital Peer Publishing Licence This document is made available under a Free Digital Peer zur Verfügung gestellt. Nähere Auskünfte zu den DiPP-Lizenzen Publishing Licence. For more Information see: finden Sie hier: http://www.dipp.nrw.de/lizenzen/dppl/service/dppl/ http://www.dipp.nrw.de/lizenzen/dppl/service/dppl/ Diese Version ist zitierbar unter / This version is citable under: https://nbn-resolving.org/urn:nbn:de:0168-ssoar-351079 RESEARCH REPORTS This article focuses on the genesis of THE CONCEPTS and correlation between the related con- OF ENCLAVE cepts of enclave and exclave and the scope of their use in different sciences, fields of AND EXCLAVE knowledge, and everyday speech. The au- thor examines the circumstances of their AND THEIR USE emergence in the reference and professional IN THE POLITICAL literature in the Russian language. Special attention is paid to the typology of the AND GEOGRAPHICAL world’s enclave territories as objects of po- CHARACTERISTIC litical geography; at the same time, their new categories and divisions (international OF THE KALININGRAD enclave, overseas exclaves, internal en- claves of different levels) are extended and REGION introduced. -
The Constitutionality of Decolonization by Associated Statehood: Puerto Rico's Legal Status Reconsidered, 50 Boston College Law Review (2009)
Boston University School of Law Scholarly Commons at Boston University School of Law Faculty Scholarship 2009 The onsC titutionality of Decolonization by Associated Statehood: Puerto Rico's Legal Status Reconsidered Robert Sloane Boston Univeristy School of Law Gary Lawson Boston University School of Law Follow this and additional works at: https://scholarship.law.bu.edu/faculty_scholarship Part of the Law Commons Recommended Citation Robert Sloane & Gary Lawson, The Constitutionality of Decolonization by Associated Statehood: Puerto Rico's Legal Status Reconsidered, 50 Boston College Law Review (2009). Available at: https://scholarship.law.bu.edu/faculty_scholarship/581 This Article is brought to you for free and open access by Scholarly Commons at Boston University School of Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarly Commons at Boston University School of Law. For more information, please contact [email protected]. THE CONSTITUTIONALITY OF DECOLONIZATION BY ASSOCIATED STATEHOOD: PUERTO RICO’S LEGAL STATUS RECONSIDERED Boston University School of Law Working Paper No. 09-19 (March 5, 2009; Rev. September 14, 2009) Gary Lawson Robert D. Sloane This paper can be downloaded without charge at: http://www.bu.edu/law/faculty/scholarship/workingpapers/2009.html THE CONSTITUTIONALITY OF DECOLONIZATION BY ASSOCIATED STATEHOOD: PUERTO RICO’S LEGAL STATUS RECONSIDERED Gary Lawson* Robert D. Sloane** Abstract: International and constitutional law arguably collide in the le- gal arrangement between the United States and Puerto Rico. As a matter of international law, it is unclear that this arrangement conforms to cus- tomary international and treaty obligations. As a matter of national law, it is unclear that the Constitution permits an arrangement between Puerto Rico and the United States—short of separation (independence as a State) or integration (admission to the Union as a state)—that could con- form to these international obligations.