Making and Changing Law in Small Jurisdictions (The World of Small States, 11)

Preface
Contents
Chapter 1: Navigating Law-Making and Law Reform in Small Jurisdictions
	1.1 Introduction: What Is a Small Jurisdiction?
	1.2 The Importance of the Small Jurisdiction
	1.3 Making and Changing Law in the Small Jurisdiction
	1.4 Conclusion
	References
Part I: Case Studies in Law-Making in Small Jurisdictions
	Chapter 2: A Small State, a Worldwide Jurisdiction: the Vatican City State and Its Legal System
		2.1 Introduction
		2.2 The Vatican City State
			2.2.1 The Characteristics of the Vatican City State
			2.2.2 Governance Arrangements in the Vatican City State
		2.3 Sources of Vatican Law
			2.3.1 Hierarchies of Vatican Law
		2.4 Money Laundering and Vatican Law
		2.5 Criminal Law
		2.6 Conclusions
		References
	Chapter 3: Small States and Constitutional Reform: Democracy in Malta
		3.1 Introduction
		3.2 The Constitution of Malta: History and Context
		3.3 Small States and Democracy
		3.4 Malta: An Imperfect Democracy
			3.4.1 Malta´s Parliament: Majority and Accountability
			3.4.2 Malta´s Government: Cronyism and Excessive Power
			3.4.3 Corruption and Assassination
		3.5 Constitutional Reform in Malta
			3.5.1 2020 Constitutional Reforms and the Venice Commission
				3.5.1.1 Bill No. 198
				3.5.1.2 Need for Further Reform
					3.5.1.2.1 President of Malta
					3.5.1.2.2 Parliament
					3.5.1.2.3 Constitutional Court
		3.6 Concluding Remarks
		Appendix: Notes on Maltese Elections
		References
	Chapter 4: Drafting for Effectiveness: Tuvalu´s Climate Change Resilience Act 2019
		4.1 Introduction
		4.2 The Drafting Process in Tuvalu and the Mousmouti Effectiveness Test
			4.2.1 The Drafting Process
			4.2.2 The Effectiveness Test
				4.2.2.1 What Is Legislation That Is Effective?
				4.2.2.2 Elements of the Effectiveness Test
					4.2.2.2.1 Purpose
					4.2.2.2.2 Content
					4.2.2.2.3 Context
					4.2.2.2.4 Results
		4.3 Applying the Elements of the Effectiveness Test
			4.3.1 Purpose
				4.3.1.1 Where is Purpose Expressed?
				4.3.1.2 How Is Purpose Expressed? Is It Clear and Unambiguous?
				4.3.1.3 How Is Purpose Analysed in Results, Goals and Outcomes?
				4.3.1.4 Practices (Expression of Purpose) in the Climate Change Legislation of Other Jurisdictions
			4.3.2 Content
				4.3.2.1 Legislative Techniques
				4.3.2.2 Analysis and Recommendations
			4.3.3 Context and Results
				4.3.3.1 Context
				4.3.3.2 Results
		4.4 Conclusion
		References
Part II: International Influences and Their Impact on Small Jurisdictions
	Chapter 5: Mapping the UK´s Constitutional Relationship with Britain´s Overseas Territories in the Human Rights Sphere
		5.1 Introduction
		5.2 The ``Colonial Clause´´: Its Context and Its Implementation in the United Kingdom
			5.2.1 The Arguments for and Against the Inclusion of Article 63 (Current Article 56) ECHR at the Time of Drafting and the Stru...
			5.2.2 The British Approach to Implementing Article 56
				5.2.2.1 Comparison with Other Countries with Overseas Territories
				5.2.2.2 Case-Law Before the European Court of Human Rights
					5.2.2.2.1 Non-Extension of the Convention Under Article 56 (1)
					5.2.2.2.2 Local Requirements Under Section 56 (3)
				5.2.2.3 Variations in Human Rights Standards Between the UK and CDOTs
			5.2.3 The Advisory Opinion of the ICJ on the Chagos Islands
		5.3 Conclusion
		References
	Chapter 6: The Long Road to a Beneficial Ownership Regime in the Cayman Islands
		6.1 Introduction
		6.2 The Establishment of International Norms on Beneficial Ownership
		6.3 The Establishment of Cayman Norms on Beneficial Ownership
			6.3.1 Cayman´s Journey to a Beneficial Ownership Register Begins
			6.3.2 The Enactment of the Cayman Islands Legislative Beneficial Ownership Regime
			6.3.3 Changing Goal Posts
			6.3.4 Reforming the Cayman Islands Beneficial Ownership Regime
		6.4 The Cayman Islands Further Engagement with Beneficial Ownership
		References
	Chapter 7: Law Reform and Regulated Credit Reporting Systems in Commonwealth Small Island Developing States: A Study of Jamaica
		7.1 Introduction
		7.2 Theoretical Ideas and Economic Literature on CRS in Financial System Development
			7.2.1 Historical Background to the CRS: Consumer Credit
			7.2.2 `Information´ Theories and Other Economic Discourse on CRS
			7.2.3 International Recognition of the CRS and the Emerging Role of the World Bank and IFC
		7.3 External Actors and CRSs in the Commonwealth Caribbean Region
			7.3.1 The IFC and the Caribbean Credit Bureau Programme
			7.3.2 The OECS, CARICOM and CRS
		7.4 The Evolution of Credit in Jamaica and the Introduction of the CRA 2010
			7.4.1 The Era of `Anglobalization´ and the Introduction of Credit into Jamaica
			7.4.2 The Current Credit Environment in Jamaica
			7.4.3 Rationale for the Introduction of a CRS in Jamaica
				7.4.3.1 The CRA 2010 Legislation Based on IFC Recommendations
				7.4.3.2 Implementation of the CRA 2010: Issues Presented and Solutions Posed
					7.4.3.2.1 Reliable Forms of Data
					7.4.3.2.2 Competing Interests of Stakeholders in the CRS Process
					7.4.3.2.3 Additional IFC-Recommended Legislation to Protect Consumers and Promote Domestic Economic Growth
					7.4.3.2.4 Disadvantaged Segments of the Population Affected by a Traditional CRS
					7.4.3.2.5 Lack of Consumer Awareness of the Importance and Impact of a CRS
					7.4.3.2.6 Fragmentation of Information
					7.4.3.2.7 The Microfinance Industry
		7.5 Conclusion
		References
Part III: Global Perspectives on Law-Making and Law Reform in Small Jurisdictions
	Chapter 8: The Challenges and Rewards of Law Drafting in Small States
		8.1 Introduction
		8.2 Physical Challenges
		8.3 Operational Challenges
		8.4 The Need for Accessible Laws
		8.5 The Need for Clear Drafting
		8.6 Consolidation and Codification of Laws
		8.7 Law Revision
		8.8 Harmonisation of Laws
		8.9 Application of Other Laws
		8.10 The Problem of Incompleteness
		8.11 Drafting Instructions
		8.12 Role of the Law Drafter
		8.13 Conclusions
		Appendices
			Appendix 1: Outline Contents of Four Criminal Law Codifying Statutes (as Originally Enacted)
			Appendix 2: Revising Powers
			Appendix 3: Harmonisation of Laws in the Caribbean
		References