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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. -
The Place of Alcohol in the Lives of People from Tokelau, Fiji, Niue
The place of alcohol in the lives of people from Tokelau, Fiji, Niue, Tonga, Cook Islands and Samoa living in New Zealand: an overview The place of alcohol in the lives of people from Tokelau, Fiji, Niue, Tonga, Cook Islands and Samoa living in New Zealand: an overview A report prepared by Sector Analysis, Ministry of Health for the Alcohol Advisory Council of New Zealand ALAC Research Monograph Series: No 2 Wellington 1997 ISSN 1174-1856 ISBN 0-477-06317-9 Acknowledgments This particular chapter which is an overview of the reports from each of the six Pacific communities would not have been possible without all the field teams and participants who took part in the project. I would like to thank Ezra Jennings-Pedro, Terrisa Taupe, Tufaina Taupe Sofaia Kamakorewa, Maikali (Mike) Kilioni, Fane Malani, Tina McNicholas, Mere Samusamuvodre, Litimai Rasiga, Tevita Rasiga, Apisa Tuiqere, Ruve Tuivoavoa, Doreen Arapai, Dahlia Naepi, Slaven Naepi, Vili Nosa, Yvette Guttenbeil, Sione Liava’a, Wailangilala Tufui , Susana Tu’inukuafe, Anne Allan-Moetaua, Helen Kapi, Terongo Tekii, Tunumafono Ken Ah Kuoi, Tali Beaton, Myra McFarland, Carmel Peteru, Damas Potoi and their communities who supported them. Many people who have not been named offered comment and shared stories with us through informal discussion. Our families and friends were drawn in and though they did not formally participate they too gave their opinions and helped to shape the information gathered. Special thanks to all the participants and Jean Mitaera, Granby Siakimotu, Kili Jefferson, Dr Ian Prior, Henry Tuia, Lita Foliaki and Tupuola Malifa who reviewed the reports and asked pertinent questions. -
Mental Capacity Issues
Mental Capacity Issues - Cayman Islands and British Virgin Islands Rowena Lawrence is Counsel and Tim Haynes is a Partner at Walkers (First appeared in the STEP Hong Kong Branch Newsletter (December 2015) Rowena Lawrence and Tim Haynes of Walkers provide an overview of the relevant regimes for mental capacity legislation in the BVI and the Cayman Islands. Hong Kong’s ageing population and the ongoing popularity of offshore structures will make the legislation in the major offshore jurisdictions concerning mental capacity issues increasingly relevant. Perhaps conscious of this, the legislators in both the British Virgin Islands (BVI) and the Cayman Islands have recently updated their rules in this area. The mental health legislation in both the Cayman Islands and the BVI has been reformed relatively recently to safeguard the rights of mentally incapacitated individuals. That legislation provides the courts with broad powers over the property and affairs of mental health patients. Given the constantly evolving jurisdictional arguments that arise in the courts of both Cayman and BVI, while it is unusual for individuals who are parties to Financial Services Division (Cayman) or Commercial Division (BVI) actions to be resident in those jurisdictions, there are circumstances in which it may be necessary to consider the application of laws of those jurisdictions when incapacitated persons are involved. An application to the offshore court may be made in a number of situations, for example where the individual concerned holds property (most obviously shares in an offshore company) in the offshore jurisdiction or where there is no obvious or effective order available in the jurisdiction in which the incapacitated individual resides. -
Tokelau the Last Colony?
Tokelau The last colony? TONY ANGELO (Taupulega) is, and long has been, the governing body. The chairman (Faipule) of the council and a village head ITUATED WELL NORTH OF NEW ZEALAND and (Pulenuku) are elected by universal suffrage in the village SWestern Samoa and close to the equator, the small every three years. The three councils send representatives atolls of Tokelau, with their combined population of about to form the General Fono which is the Tokelau national 1600 people, may well be the last colony of New Zealand. authority; it originally met only once or twice a year and Whether, when and in what way that colonial status of advised the New Zealand Government of Tokelau's Tokelau will end, is a mat- wishes. ter of considerable specula- The General Fono fre- lion. quently repeated advice, r - Kirlb•ll ·::- (Gifb•rr I•) The recently passed lbn•b'a ' ......... both to the New Zealand (Oc: ..n I} Tokelau Amendment Act . :_.. PMtnb 11 Government and to the UN 1996- it received the royal Committee on Decoloni • •• roltfl•u assent on 10 June 1996, and 0/tlh.g• sation, that Tokelau did not 1- •, Aotum•- Uu.t (Sw•ln•J · came into force on 1 August 1 f .. • Tllloplol ~~~~~ !•J.. ·-~~~oa wish to change its status ~ ~ 1996 - is but one piece in ' \, vis-a-vis New Zealand. the colourful mosaic of •l . However, in an unexpected Tokelau's constitutional de change of position (stimu- velopment. lated no doubt by external The colonialism that factors such as the UN pro Tokelau has known has posal to complete its been the British version, and decolonisation business by it has lasted so far for little the year 2000), the Ulu of over a century. -
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. -
The Long Arm of the Bribery
8 The Lawyer | 30 July 2012 Opinion On 5 July the Competition Appeal can be awarded where compensatory Holdvery Tribunal (CAT) handed down its damages alone would be insufficient judgment in the Cardiff Bus case, to punish the defendant for ‘outra- awarding damages in a ‘follow-on’ geous conduct’ including, as in this tightplease, claim for the first time. This is also case, when the defendant was or the first case in which exemplary should have been aware that its con- claimants damages for a breach of competition duct was probably illegal. law have been awarded. The CAT also stated that when ex- Award of exemplary In January 2011, 2 Travel brought a emplary damages are considered claim against Cardiff Bus following a they should have some bearing to the Y damages in Cardiff 2008 decision of the Office of Fair M compensatory damages awarded – in A L Bus case raises the Trading (OFT) which found that, by A this case, awarding exemplary dam- engaging in predatory conduct, Wheels of justice go round and round ages about twice the size of the com- stakes for claimants in Cardiff Bus had infringed the Com- pensatory award – and that they damages actions petition Act by abusing a dominant awarded damages for loss of profits should have regard to the economic position in the market. In particular, (of £33,818.79 plus interest) and also size of the defendant to be “of an when 2 Travel launched a no-frills exemplary damages of £60,000. order of magnitude sufficient to bus service, Cardiff Bus introduced Notwithstanding the low value of make the defendant take notice”. -
Biodiversity: the UK Overseas Territories. Peterborough, Joint Nature Conservation Committee
Biodiversity: the UK Overseas Territories Compiled by S. Oldfield Edited by D. Procter and L.V. Fleming ISBN: 1 86107 502 2 © Copyright Joint Nature Conservation Committee 1999 Illustrations and layout by Barry Larking Cover design Tracey Weeks Printed by CLE Citation. Procter, D., & Fleming, L.V., eds. 1999. Biodiversity: the UK Overseas Territories. Peterborough, Joint Nature Conservation Committee. Disclaimer: reference to legislation and convention texts in this document are correct to the best of our knowledge but must not be taken to infer definitive legal obligation. Cover photographs Front cover: Top right: Southern rockhopper penguin Eudyptes chrysocome chrysocome (Richard White/JNCC). The world’s largest concentrations of southern rockhopper penguin are found on the Falkland Islands. Centre left: Down Rope, Pitcairn Island, South Pacific (Deborah Procter/JNCC). The introduced rat population of Pitcairn Island has successfully been eradicated in a programme funded by the UK Government. Centre right: Male Anegada rock iguana Cyclura pinguis (Glen Gerber/FFI). The Anegada rock iguana has been the subject of a successful breeding and re-introduction programme funded by FCO and FFI in collaboration with the National Parks Trust of the British Virgin Islands. Back cover: Black-browed albatross Diomedea melanophris (Richard White/JNCC). Of the global breeding population of black-browed albatross, 80 % is found on the Falkland Islands and 10% on South Georgia. Background image on front and back cover: Shoal of fish (Charles Sheppard/Warwick -
UK Overseas Territories
INFORMATION PAPER United Kingdom Overseas Territories - Toponymic Information United Kingdom Overseas Territories (UKOTs), also known as British Overseas Territories (BOTs), have constitutional and historical links with the United Kingdom, but do not form part of the United Kingdom itself. The Queen is the Head of State of all the UKOTs, and she is represented by a Governor or Commissioner (apart from the UK Sovereign Base Areas that are administered by MOD). Each Territory has its own Constitution, its own Government and its own local laws. The 14 territories are: Anguilla; Bermuda; British Antarctic Territory (BAT); British Indian Ocean Territory (BIOT); British Virgin Islands; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn, Henderson, Ducie and Oeno Islands; Saint Helena, Ascension and Tristan da Cunha; South Georgia and the South Sandwich Islands; Turks and Caicos Islands; UK Sovereign Base Areas. PCGN recommend the term ‘British Overseas Territory Capital’ for the administrative centres of UKOTs. Production of mapping over the UKOTs does not take place systematically in the UK. Maps produced by the relevant territory, preferably by official bodies such as the local government or tourism authority, should be used for current geographical names. National government websites could also be used as an additional reference. Additionally, FCDO and MOD briefing maps may be used as a source for names in UKOTs. See the FCDO White Paper for more information about the UKOTs. ANGUILLA The territory, situated in the Caribbean, consists of the main island of Anguilla plus some smaller, mostly uninhabited islands. It is separated from the island of Saint Martin (split between Saint-Martin (France) and Sint Maarten (Netherlands)), 17km to the south, by the Anguilla Channel. -
ISO Country Codes
COUNTRY SHORT NAME DESCRIPTION CODE AD Andorra Principality of Andorra AE United Arab Emirates United Arab Emirates AF Afghanistan The Transitional Islamic State of Afghanistan AG Antigua and Barbuda Antigua and Barbuda (includes Redonda Island) AI Anguilla Anguilla AL Albania Republic of Albania AM Armenia Republic of Armenia Netherlands Antilles (includes Bonaire, Curacao, AN Netherlands Antilles Saba, St. Eustatius, and Southern St. Martin) AO Angola Republic of Angola (includes Cabinda) AQ Antarctica Territory south of 60 degrees south latitude AR Argentina Argentine Republic America Samoa (principal island Tutuila and AS American Samoa includes Swain's Island) AT Austria Republic of Austria Australia (includes Lord Howe Island, Macquarie Islands, Ashmore Islands and Cartier Island, and Coral Sea Islands are Australian external AU Australia territories) AW Aruba Aruba AX Aland Islands Aland Islands AZ Azerbaijan Republic of Azerbaijan BA Bosnia and Herzegovina Bosnia and Herzegovina BB Barbados Barbados BD Bangladesh People's Republic of Bangladesh BE Belgium Kingdom of Belgium BF Burkina Faso Burkina Faso BG Bulgaria Republic of Bulgaria BH Bahrain Kingdom of Bahrain BI Burundi Republic of Burundi BJ Benin Republic of Benin BL Saint Barthelemy Saint Barthelemy BM Bermuda Bermuda BN Brunei Darussalam Brunei Darussalam BO Bolivia Republic of Bolivia Federative Republic of Brazil (includes Fernando de Noronha Island, Martim Vaz Islands, and BR Brazil Trindade Island) BS Bahamas Commonwealth of the Bahamas BT Bhutan Kingdom of Bhutan -
Cayman Islands
Funding Support through OTEP for UNITED KINGDOM Environmental Programmes in the UK Overseas Territories CAYMAN ISLANDS he Overseas Territories Environment NVIRONMENT HARTER OTEPOVERSEAS TERRITORIES ENVIRONMENT PROGRAMME Programme (OTEP) was established to E C enable the Governments of the UK and the A PARTNERSHIP FOR CONSERVATION AND SUSTAINABLE USE TOverseas Territories to meet their commitments under the Environment Charters. In 1999, the year of the OF CAYMAN’S ENVIRONMENTAL RESOURCES White Paper, the Foreign and Commonwealth Office (FCO) made available an annual funding programme t is a little-known fact that many of the United for environmental projects in the UKOTs. And in 2003, Kingdom’s most significant biodiversity the British Government worked together with Territory Cayman boasts two endemic subspecies of the Cuban Parrot, this one from Grand Cayman and resources are not in the British Isles themselves. Governments and non-governmental organisations to one from Cayman Brac. IThey are to be found in the UK Overseas Territories develop OTEP, a new ring-fenced fund which supports (UKOTs), former colonies and territories scattered environmental projects in the UKOTs. OTEP is a joint initiative of the FCO and the Department for around the world. Endemic species – those which International Development (DFID) which aims to build on the success of earlier FCO-funded occur in only one place in the world – are critically programmes. Bids may be submitted by Overseas Territories governments; NGOs; community-based important to the planet’s overall biodiversity, and organisations; individuals; educational institutions; private sector. Bids may also be submitted by UK- the UKOTs have at least ten times as many endemic based organisations, NGOs and academic institutions if they have been developed in collaboration with species as Britain itself. -
A Solution for the Third International Decade for the Eradication of Colonialism: a ‘Fourth’ Option to Obviate the Need for a Fourth Decade?
A SOLUTION FOR THE THIRD INTERNATIONAL DECADE FOR THE ERADICATION OF COLONIALISM: A ‘FOURTH’ OPTION TO OBVIATE THE NEED FOR A FOURTH DECADE? Elisabeth Perham* I. Introduction Despite concerted efforts by the international community over almost six decades to bring an end to the era of colonialism, 17 territories remain on the United Nations (UN) list of non-self-governing territories.1 In 2011 the UN declared 2011-2020 the Third International Decade for the Eradication of Colonialism,2 but few of the non-self-governing territories appear to be getting much closer to completing the decolonisation process.3 For some of the territories this is in large part due to territorial disputes.4 However, for other territories the stalemate may be due to the fact that the UN currently accepts only the three methods of decolonisation prescribed in UN General Assembly (UNGA) Resolution 15415 as proof that a territory has become self- governing for the purposes of removing it from the list. This article argues that for the decolonisation process to be completed there needs to be more flexibility in determining when a territory has become self-governing: the Secretary-General himself has recognised the need for a “creative approach” in the quest for decolonisation.6 More * Elisabeth Perham, LLB (Hons), BA (Hons). A version of this article was submitted as part of the requirements for the LLB (Hons) degree at Victoria University of Wellington. Elisabeth is grateful to Professor Tony Angelo for his supervision of that paper. 1 Hereinafter referred to as the list. Anguilla, American Samoa, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, French Polynesia, Gibraltar, Guam, Montserrat, New Caledonia, Pitcairn, St Helena, Tokelau, Turks and Caicos Islands, United States Virgin Islands, Western Sahara. -
Convention on the Rights of the Child Was Extended to Anguilla on 7 September 1994
UNITED NATIONS CRC Convention on the Distr. Rights of the Child GENERAL CRC/C/41/Add.7 22 February 2000 Original: ENGLISH COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION Initial reports of States parties due in 1996 Addendum OVERSEAS DEPENDENT TERRITORIES AND CROWN DEPENDENCIES OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND*1 [26 May 1999] * This document submitted by the Government of the United Kingdom contains initial reports relating to the Crown Dependencies of Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat, Pitcairn Island, St. Helena and its dependencies, the Turks and Caicos Islands. 1 Annexes referred to in the text are available for consultation in the secretariat. GE.00-40860 (E) CRC/C/41/Add.7 page 2 CONTENTS Paragraphs Page ANGUILLA .......................................................................................... 1 - 53 3 BERMUDA........................................................................................... 54 - 129 13 BRITISH VIRGIN ISLANDS................................................................ 130 - 185 36 CAYMAN ISLANDS............................................................................ 186 - 235 52 MONTSERRAT .................................................................................... 236 - 291 65 PITCAIRN ISLAND ............................................................................. 292 - 323 77 ST. HELENA AND ITS DEPENDENCIES..........................................