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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. -
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. -
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. -
Turks and Caicos Islands
Important Bird Areas in the Caribbean – Turks and Caicos Islands ■ TURKS & CAICOS ISLANDS LAND AREA 500 km2 ALTITUDE 0–49 m HUMAN POPULATION 21,750 CAPITAL Cockburn Town, Grand Turk IMPORTANT BIRD AREAS 9, totalling 2,470 km2 IMPORTANT BIRD AREA PROTECTION 69% BIRD SPECIES 204 THREATENED BIRDS 3 RESTRICTED-RANGE BIRDS 4 MIKE PIENKOWSKI (UK OVERSEAS TERRITORIES CONSERVATION FORUM, AND TURKS AND CAICOS NATIONAL TRUST) Caribbean Flamingos on the old saltpans at Town Salina, in the capital, Grand Turk. (PHOTO: MIKE PIENKOWSKI) INTRODUCTION Middle and South Caicos are inhabited, and resorts are being developed on many of the small island. The smaller Turks The Turks and Caicos Islands (TCI), a UK Overseas Territory, Bank holds the inhabited islands of Grand Turk (10 km by 3 lie north of Hispaniola as a continuation of the Bahamas km) and Salt Cay (6 km by 2 km), as well as numerous smaller Islands chain. The Caicos Islands are just 50 km east of the cays. southernmost Bahamian islands of Great Inagua and The Turks Bank islands plus South Caicos (the “salt Mayaguana. The Turks and Caicos Islands are on two shallow islands”) were used to supply salt from about 1500. They were (mostly less than 2 m deep) banks—the 5,334 km² Caicos Bank inhabited by the 1660s when the islands were cleared of trees and the 254-km² Turks Bank—with deep ocean between them. to facilitate salt production by evaporation. By about 1900, There are further shallow banks, namely Mouchoir, Silver and Grand Turk was world famous for its salt. -
Indigenous Gold from St. John, U.S. Virgin Islands: a Materials-Based Analysis
1 ABSTRACT INDIGENOUS GOLD FROM ST. JOHN, U.S. VIRGIN ISLANDS: A MATERIALS-BASED ANALYSIS Stephen E. Jankiewicz, MA Department of Anthropology Northern Illinois University, 2016 Dr. Mark W. Mehrer, Director The purpose of this research is to examine the origin, manufacturing technique, function, and meaning of metals used during the twelfth and thirteenth centuries on the island of St. John, United States Virgin Islands. This project focuses on two metal artifacts recovered during National Park Service excavations conducted between 1998 and 2001 at a shoreline indigenous site located on Cinnamon Bay. These objects currently represent two of only three metal artifacts reported from the entire ancient Lesser Antilles. Chemical and physical analyses of the objects were completed with nondestructive techniques including binocular stereomicroscopy, scanning electron microscopy, portable X-ray fluorescence spectrometry, and particle-induced X-ray emission spectrometry with assistance from laboratories located at Northern Illinois University, Beloit College, Hope College and The Field Museum. This data will be combined with contextual site data and compared to other metal objects recovered throughout the ancient Caribbean. i NORTHERN ILLINOIS UNIVERSITY DEKALB, ILLINOIS MAY 2016 INDIGENOUS GOLD FROM ST. JOHN, U.S. VIRGIN ISLANDS: A MATERIALS-BASED ANALYSIS BY STEPHEN E. JANKIEWICZ ©2016 Stephen E. Jankiewicz A THESIS SUBMITTED TO THE GRADUATE SCHOOL IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE MASTER OF ARTS DEPARTMENT OF ANTHROPOLOGY Thesis Advisor: Dr. Mark W. Mehrer ii ACKNOWLEDGEMENTS This project would not exist without the help and support of so many wonderful people. I am forever indebted to all of you. I would like to first thank my advisor Dr. -
Appendix 1 Political Forms of the Caribbean Compiled by Yarimar Bonilla, Rutgers University
Appendix 1 Political Forms of the Caribbean Compiled by Yarimar Bonilla, Rutgers University Jurisdiction Political Status and Important Historical Dates Monetary Unit * = on UN list of non-self- governing territories Constituent country of the Kingdom of the Netherlands. Seceded from the Aruba Netherlands Antilles in 1986 with plans for independence, but independence was Aruban florin (AFL) postponed indefinitely in 1994. Constituent country of the Kingdom of the Netherlands. Former seat of the Antillean guilder N Curacao Netherlands Antilles central government. Became an autonomous country within (ANG) E the kingdom of the Netherlands in 2010. T Constituent Country within the Kingdom of the Netherlands. Part of the Windward H Sint Maarten Islands territory within the Netherland Antilles until 1983. Became an autonomous ANG E country within the Kingdom of the Netherlands in 2010. R L Special municipality of the Kingdom of the Netherlands. Formerly part of the A Bonaire Netherlands Antilles. Became a special municipality within the Kingdom of the US dollar (USD) N Netherlands in 2010. D Special municipality of the Kingdom of the Netherlands. Part of the Windward S Saba Islands territory within the Netherland Antilles until 1983. Became a special USD municipality within the Kingdom of the Netherlands in 2010. Special municipality of the Kingdom of the Netherlands. Part of the Windward Sint Eustatius Islands territory within the Netherland Antilles until 1983. Became a special USD municipality within the Kingdom of the Netherlands in 2010 Overseas territory of the United Kingdom. Formerly part of the British Leeward Island colonial federation as the colony of Saint Cristopher-Nevis-Anguilla. -
Race, Color, and Nationalism in Aruban and Curaçaoan Political Identities
Thamyris/Intersecting No. 27 (2014) 117–132 Race, Color, and Nationalism in Aruban and Curaçaoan Political Identities Michael Orlando Sharpe This chapter focuses on the development and instrumentalization of race and color based Aruban and Curaçaoan nationalisms within processes of decolonization and reconstitution in the context of Dutch sovereignty and Dutch liberal democracy. I argue this instrumentalization of race and color as markers of national identity takes place within an overall framework of white supremacy. The following will describe the current political construction of the Dutch Kingdom and examine Aruban and Curaçaoan national myths of origin along with a brief history of Dutch colonialism and slavery including the 20th century relevance of oil refinement on these islands. Next, there will a discussion of the significance of the 1954 Charter for the Kingdom of the Netherlands or Statuut and the key role of Curaçao’s labor unrest of 30 May 1969 or “Trinta de Mei” in the development and deployment of racially and color based Aruban and Curaçaoan nationalisms as “invented traditions” and “social engineer- ing.” The chapter will conclude with an examination of the ways in which these notions of race and racism are reified in the Netherlands today. This discussion centers on developments around the Netherlands Antilles prior to its dissolution on 10 October 2010. Before 10/10/10, the Kingdom of the Netherlands was made up of the Netherlands, the Netherlands Antilles, and Aruba. The Netherlands Antilles was a federation of the five island states of Curaçao (admin- istrative capital), Bonaire, Saba, St. Eustatius, and St. Maarten. The current Dutch Kingdom consists of the Netherlands, Aruba, Curaçao, and St. -
Virgin Islands National Park Geologic Resources Inventory Report
National Park Service U.S. Department of the Interior Natural Resource Program Center Virgin Islands National Park Geologic Resources Inventory Report Natural Resource Report NPS/NRPC/GRD/NRR—2010/226 THIS PAGE: Underwater ecosystems including coral reefs are a primary natural resource at Virgin Islands National Park. National Park Service photograph. ON THE COVER: This view of Trunk Bay shows the steep slopes characteristic of Virgin Islands Na- tional Park. National Park Service photo- graph courtesy Rafe Boulon (Virgin Islands National Park). Virgin Islands National Park Geologic Resources Inventory Report Natural Resource Report NPS/NRPC/GRD/NRR—2010/226 Geologic Resources Division Natural Resource Program Center P.O. Box 25287 Denver, Colorado 80225 July 2010 U.S. Department of the Interior National Park Service Natural Resource Program Center Fort Collins, Colorado The National Park Service, Natural Resource Program Center publishes a range of reports that address natural resource topics of interest and applicability to a broad audience in the National Park Service and others in natural resource management, including scientists, conservation and environmental constituencies, and the public. The Natural Resource Report Series is used to disseminate high-priority, current natural resource management information with managerial application. The series targets a general, diverse audience, and may contain NPS policy considerations or address sensitive issues of management applicability. All manuscripts in the series receive the appropriate level of peer review to ensure that the information is scientifically credible, technically accurate, appropriately written for the intended audience, and designed and published in a professional manner. This report received informal peer review by subject-matter experts who were not directly involved in the collection, analysis, or reporting of the data. -
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 -
Turks and Caicos Islands to Improve International Tax Compliance and to Implement FATCA
Agreement between the Government of the United States of America and the Government of the Turks and Caicos Islands to Improve International Tax Compliance and to Implement FATCA Whereas, the Government of the United States of America and the Government of the Turks and Caicos Islands (each, a “Party,” and together, the “Parties”) desire to conclude an agreement to improve international tax compliance; Noting that the Government of the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) provided a copy of a Letter of Entrustment, via diplomatic note dated July 29, 2014, to the Government of the United States of America in which the United Kingdom entrusts the Government of the Turks and Caicos Islands to negotiate and conclude an intergovernmental agreement to improve international tax compliance and implement FATCA with the United States of America; Whereas, the United States of America enacted provisions commonly known as the Foreign Account Tax Compliance Act (“FATCA”), which introduce a reporting regime for financial institutions with respect to certain accounts; Whereas, the Government of the Turks and Caicos Islands is supportive of the underlying policy goal of FATCA to improve tax compliance; Whereas, FATCA has raised a number of issues, including that Turks and Caicos Islands financial institutions may not be able to comply with certain aspects of FATCA due to domestic legal impediments; Whereas, the Parties are committed to working together over the longer term towards achieving common reporting and due diligence standards for financial institutions; Whereas, the Government of the United States of America acknowledges the need to coordinate the reporting obligations under FATCA with other U.S. -
Antigua and Barbuda Bahamas Barbados Belize British Overseas Territories (Anguilla, Bermuda, British Virgin Islands, Cayman Isla
UNHCR staff monitoring programmes attheLoveAChild field hospital in Fond Parisien, Haiti. Antigua and Barbuda Bahamas Barbados Belize British overseas territories (Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Turks and Caicos Islands, Montserrat) Canada Dominica Dominican Republic Dutch overseas territories in the Caribbean (Aruba, Curaçao, Saint Maarten, Bonaire, Saint Eustatius, Saba) French overseas departments (Martinique, Guadeloupe) Grenada Guyana Haiti Jamaica St. Kitts and Nevis St. Lucia St. Vincent and the Grenadines Suriname Trinidad and Tobago United States of America 348 UNHCR Global Report 2010 and the OPERATIONAL HIGHLIGHTS l UNHCR continued to seek the political and financial l More than 80 per cent of UNHCR’s global resettlement support of the Governments of the United States and referrals are to the United States and Canada. Canada in order to fulfil its protection mandate and find comprehensive solutions for refugees. Working environment l In the United States, UNHCR sought to ensure that the country’s laws and policies, as well as their implementation, In the United States, the Government has confirmed its were in accordance with its obligations under the 1967 commitment to international obligations, particularly with Protocol Relating to the Status of Refugees. Specifically, regard to the parole of asylum-seekers. However, UNHCR promoted reforms to the way in which the refugee adjudications by the immigration courts and administrative definition is being applied under US law and monitored the and federal