COVID-19 and the British Overseas Territories: a Comparative View
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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. -
Constitution of the Irish Free State (Saorstát Eireann) Act, 1922
Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 CONSTITUTION OF THE IRISH FREE STATE (SAORSTÁT EIREANN) ACT, 1922. AN ACT TO ENACT A CONSTITUTION FOR THE IRISH FREE STATE (SAORSTÁT EIREANN) AND FOR IMPLEMENTING THE TREATY BETWEEN GREAT BRITAIN AND IRELAND SIGNED AT LONDON ON THE 6TH DAY OF DECEMBER, 1921. DÁIL EIREANN sitting as a Constituent Assembly in this Provisional Parliament, acknowledging that all lawful authority comes from God to the people and in the confidence that the National life and unity of Ireland shall thus be restored, hereby proclaims the establishment of The Irish Free State (otherwise called Saorstát Eireann) and in the exercise of undoubted right, decrees and enacts as follows:— 1. The Constitution set forth in the First Schedule hereto annexed shall be the Constitution of The Irish Free State (Saorstát Eireann). 2. The said Constitution shall be construed with reference to the Articles of Agreement for a Treaty between Great Britain and Ireland set forth in the Second Schedule hereto annexed (hereinafter referred to as “the Scheduled Treaty”) which are hereby given the force of law, and if any provision of the said Constitution or of any amendment thereof or of any law made thereunder is in any respect repugnant to any of the provisions of the Scheduled Treaty, it shall, to the extent only of such repugnancy, be absolutely void and inoperative and the Parliament and the Executive Council of the Irish Free State (Saorstát Eireann) shall respectively pass such further legislation and do all such other things as may be necessary to implement the Scheduled Treaty. -
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. -
Archeacon of Gibraltar and Archdeacon of Italy and Malta
The Bishop in Europe: The Right Reverend Dr. Robert Innes The Suffragan Bishop in Europe: The Right Reverend David Hamid ARCHEACON OF GIBRALTAR AND ARCHDEACON OF ITALY AND MALTA Statement from the Bishops The Diocese in Europe is the 42nd Diocese of the Church of England. We are by far the biggest in terms of land area, as we range across over 42 countries in a territory approximately matching that covered by the Council of Europe, as well as Morocco. We currently attract unprecedented interest within the Church of England, as we are that part of the Church that specifically maintains links with continental Europe at a time of political uncertainty between the UK and the rest of Europe. Along with that, we have been in the fortunate position of being able to recruit some very high calibre lay and ordained staff. To help oversee our vast territory we have two bishops, the Diocesan Bishop Robert Innes who is based in Brussels, and the Suffragan Bishop David Hamid who is based in London. We have a diocesan office within Church House Westminster. We maintain strong connections with staff in the National Church Institutions. Importantly, and unlike English dioceses, our chaplaincies pay for their own clergy, and the diocese has relatively few support staff. Each appointment matters greatly to us. The diocesan strategy was formulated and approved over the course of 2015. We are emphasising our commitment to building up congregational life, our part in the re- evangelisation of the continent; our commitment to reconciliation at every level; and our particular role in serving the poor, the marginalised and the migrant. -
1 Antony Bounds Is in the Final Year of a Phd in History at the University of Warwick on the West Indies Federation and British
1 Antony Bounds is in the final year of a PhD in History at the University of Warwick on the West Indies Federation and British Decolonisation in the Caribbean. ___________________________________________________________________________ The Society for Caribbean Studies Annual Conference Papers edited by Sandra Courtman Copyright remains with the author Vol. 10 2009 ISSN 1471-2024 http://www.caribbeanstudies.org The Conception of the West Indies Federation and the Realities of an Imperial Legacy Antony Bounds The short-lived West Indies Federation (1958-1962) represented an attempt by British and West Indian leaders to create an entity that would provide the peoples of the region with a stable economic and political future once they had achieved independence from colonial rule. It provided Britain with an opportunity to relinquish the financial burden of the region while ensuring that it created a favourable view of its more than 300 years of imperial control. One of the central drivers of British policy in the West Indies was to ensure a successful federation, which would cement Britain’s imperial legacy in the Caribbean. This was not to be the case. By 1962 the West Indies Federation had collapsed due to arguments around finance and freedom of movement. Its two largest members, Jamaica and Trinidad, had been granted their independence as separate nation states and members of the Commonwealth. The idea of federation, for almost three decades seen as synonymous with achieving independence, had by 1962 become unviable. The aim of this paper is to explore the early motives and actions of Britain and the West Indian islands in their attempt to create a successful federation for the region. -
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 -
Statement by Chief Minister Re Meeting with HM Treasury
STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY The Bailiff: Very well, we now come to statements. The first statement of which I have notice is a statement to be made by the Chief Minister regarding a meeting with Her Majesty’s Treasury on 27th November. 6. Statement by Chief Minister regarding a meeting with H.M. Treasury on 27th November 2008. 6.1 Senator F.H. Walker (The Chief Minister): Members will be aware that in his pre-budget report delivered last week the U.K. Chancellor of the Exchequer announced a review of the long term opportunities and challenges facing the Crown Dependencies and Overseas Territories as financial centres which have been brought into focus by recent financial and economic events. We in Jersey have, of course, been here before with the Edwards Review in 1998. However, to some extent this time it is different. We are now experienced in the review process. We have already been fully reviewed by the I.M.F. in 2003 and at that time were found to be almost fully compliant with the then international standards of regulation. More recently we have engaged with a review of the Treasury Select Committee in their work on offshore centres. Even more recently we have just concluded a further review by I.M.F. teams looking into our compliance firstly with international standards of anti-money laundering and countering the financing of terrorism; and secondly with prudential regulation under an I.M.F. review which includes matters of financial stability. We await their reports in due course. -
Tax and Financial Transparency Bill
Tax and Financial Transparency Bill CONTENTS 1 Duties of the Secretary of State 2 Duties of financial institutions 3 Financial transparency: companies and trusts 4Penalties 5 Short title, commencement and extent Bill 101 54/5 Tax and Financial Transparency Bill 1 A BILL TO Require the Secretary of State to take steps to obtain tax information from British Overseas Territories and Crown Dependencies; to require banks, corporations and trusts to provide tax information; and for connected purposes. E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— 1 Duties of the Secretary of State (1) The Secretary of State must take steps to secure Tax Information Exchange Agreements, if such Agreements have not already been made, with governments of— (a) all British Overseas Territories; and 5 (b) all British Crown Dependencies. (2) The Secretary of State must, within 6 months of the passing of this Act and every 12 months after that, lay a report before both Houses of Parliament setting out— (a) the steps taken under subsection (1); 10 (b) the progress made in securing Agreements; (c) the prospects for further progress during the following year. (3) In this section— “British Overseas Territories” has the same meaning as in the British Overseas Territories Act 2002; and 15 “British Crown Dependencies” means Jersey, Guernsey and the Isle of Man. 2 Duties of financial institutions (1) Any financial institution operating in the United Kingdom must report any breach of the obligations arising from a Tax Information Exchange Agreement 20 to Her Majesty’s Revenue and Customs.