British Overseas Territories Law

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• published: 25 May 2011
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BOOK REVIEW BRITISH OVERSEAS TERRITORIES LAW By Ian Hendry and Susan Dickson ISBN: 978-1-84946-019- 4 Hart Publishing www.hartpub.co.uk AT LAST! -- THE UP TO DATE BOOK ON THE LAW OF BRITISH OVERSEAS TERRITORIES -- AND THE FIRST IN FORTY-FOUR YEARS! An Appreciation by Phillip Taylor MBE and Elizabeth Taylor The gradual disappearance of the British Empire and its subsequent metamorphosis into a Commonwealth of Nations continues generally to be a topic of interest, not just to historians, but for many members of the public at large and especially to lawyers. We were surprised therefore to read in the Foreword to this scholarly and very readable work from Hart Publishing, that it's the first study in 44 years on the topic of law in this specific area; that is, the law and practice relating to British Overseas Territories. As the learned and expert authors, Hendry and Dickson, point out, the great authority on this subject was Sir Kenneth Roberts-Wray's 'Commonwealth and Colonial Law' published in 1966. As its worthy successor, 'British Overseas Territories Law' contributes a much needed fresh and topical examination of this somewhat overlooked area of law. The old Empire is consigned to history, of course, but there are still fourteen British Overseas Territories out there: not just obscure and remote ones like Tristan da Cunha, Pitcairn and South Georgia, (not to mention a large chunk of the Antarctic), but densely populated, thriving territories with dynamic economies -- based largely on tourism and financial services -- like The Cayman Islands, British Virgin Islands, Gibraltar and Bermuda. As is pointed out, none of these territories so far have applied for independence, enjoying as they do, numerous advantages via their linkages with Britain, including the much envied benefit of self--determination. The Introduction contains definitions of the salient terms: such as 'colony', 'possession' and 'territory'. The definitions can be rather wide and complicated, but as the authors state that "all British overseas territories fall within the definition of 'British possession' in the Interpretation Act 1978". Practitioners who deal with cross-border and/or offshore financial services issues would do well to acquire additional background information on these territories from this fascinating and highly relevant book for 2011. Referred to as a manual of law and practice -- which is what it is, 'British Overseas Territories Law' provides a comprehensive examination of a wealth of issues pertaining to British Overseas territories, from their sources of law and human rights protection to the nationality and status of their respective populations, their finance arrangements and their relationship with the European Union. A useful Annex examines the key features of all fourteen overseas territories in turn, from the history of each territory, to its courts, law and economy. Equally useful are the extensive Tables of Cases, Laws of the British Overseas Territories and United Kingdom Statutes. Legal practitioners, not to mention historians, will no doubt pounce on this very timely book, already regarded as the definitive authority in this increasingly important area of law. While the law is stated as at 15 October 2010, the authors have taken account of certain developments since then to give us the most up-to-date statement on this area of law after 44 intervening years of dramatic colonial changes.