https://www.um.edu.mt/library/oar/handle/123456789/15456 2026-04-23T02:23:07Z 2026-04-23T02:23:07Z https://www.um.edu.mt/library/oar/handle/123456789/103324 2022-11-02T12:43:07Z 2016-01-01T00:00:00Z

Title: The implications of lease accounting changes : an analysis on the banking industry Abstract: The current lease standard IAS 17 has been criticised for permitting companies to account for similar transactions in different ways, compelling analysts to adjust for lease obligations not recognised on the balance sheet. In order to overcome this issue, a new lease standard IFRS 16 was issued in January 2016. The most evident change in IFRS 16 relates to the removal of operating leases, such that under the new standard all lease transactions will be shown on the balance sheet. The new standard consequently has various implications on companies. This dissertation examines the main implications of the new accounting standard on the banking industry from three perspectives; the implications on banks as lessees, the effects on capital requirements, and the impact on banks as lenders. Each perspective is analysed through interviews with informed respondents in the light of comparative literature and research. It is evident that the new standard will have a considerable impact on balance sheets, change debt structures, increase administrative burden, alter leverage ratios, and affect the behaviour of companies with lease commitments. Conversely, results from the analysis of the bank as a lessee shows that the changes in the accounting standard are immaterial for the financial statements, given that lease commitments are not significant. The findings from the analysis on capital requirements suggest that although prudential regulators have not commented on the way forward, respondents were fairly neutral to the effects, again given that the amounts are immaterial. Finally, results on the analysis of banks as lenders reveal that debt covenants may be breached, and consequently covenants will need to be renegotiated before IFRS 16 becomes effective in 2019 once endorsed by the EU. Description: M.A. Fin. Serv.(Melit.)

2016-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/19129 2017-06-21T07:46:59Z 2016-01-01T00:00:00Z

Title: Perceptions of forcing parties to mediate without compelling them to settle : can compulsory mediation in Malta ever result in successful resolutions? Abstract: Mediation is a voluntary process in which a trained neutral facilitator assists parties in communicating conflicting issues, in order to find a mutual acceptable solution. Dispute takes place when persons or communities differ in opinions, principles, morals or necessities. Conflict leads us to speak out without rationale thinking, being defensive and competitive and acting in an aggressive manner with the sole objective of winning the argument. This result in saying things we do not mean whilst we mean things we do not say. Such behavior raises the question, why is it so difficult for us to do what we recognize as just? And why do we end up deceiving ourselves and become entrapped in such situations? In conflict, we rarely express our true feelings or communicate how we really honestly feel. In reality, resolution can never be attained if we treat negotiations as adversarial. Mediation is a very divisive and argumentative issue particularly between supporters of mandatory mediation and those against the compulsory system. It is a conflicting and problematic subject combined with challenging legal, sociological, and political matters regarding which, several are the questions and few are the answers. This research is an attempt at identifying and debating these issues with a view to discover whether compulsory mediation should be acknowledged in Malta and whether it can ever result in successful resolutions. The concept of mandatory mediation goes against the very basic notions that current Maltese legislation on mediation is based upon, that is, mediation should always be of a voluntary nature. Besides, legal maxims that have guided courts in deciding civil and criminal cases have always been regarded and practiced by professionals in the field in an adversarial manner. The study is based on twelve interviews conducted with professionals and forty participants volunteering to undertake a quantitative questionnaire, where participants would be recommended by the qualitative interviewees. In conclusion, it is essential to emphasize that this research is not intended to determine if the concept of mandatory mediation is favourable to the voluntary system or otherwise. Nevertheless by evaluating the several positions and findings of this study, one could evaluate the following question: Can compulsory mediation in Malta ever result in successful resolutions? Description: M.A.MEDIATION

2016-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/19126 2017-07-24T10:22:03Z 2016-01-01T00:00:00Z

Title: Conflict resolution : a study of slow evolution from adversary systems to efficient alternative methods Abstract: This thesis deals with the evolutionary process of alternative dispute resolutions. Particular attention is given to the modes of how the theory of conflict developed throughout the centuries and how mankind changed his way of thought on the theory of conflict and how to tackle such conflict. The theory of conflict existed since the existence of mankind and the theory of conflict evolved accordingly during this long period of time. This thesis will show that the mediation even though is a new concept it has been practiced for many years. In the olden times, in times of war one way see that the resolution of conflict was sought through peaceful methods. Description: M.A.MEDIATION

2016-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/19120 2017-08-02T07:35:35Z 2016-01-01T00:00:00Z

Title: The rights of patients in Malta : an urgent need for legislation Abstract: In article 29 of the Health Act of 2013 it was established that within two years of the coming into force of the same Act a Patients’ Charter setting “out a summary of the rights and responsibilities of patients and other relevant persons as existing at the time of publication” had to be published. In this dissertation I argue that on the one hand an Act would be a more pertinent legal instrument than a Charter to address the present needs in the area of Patient Rights and on the other hand, what is really needed is not a summary of the rights obtainable at the moment, as the law is suggesting, but a complete re-thinking of the subject matter introducing new concepts into Maltese law, where and as necessary. In the first part of this dissertation I introduce the subject of patients’ rights against the different backgrounds obtainable under the diverse healthcare systems as in practice around the world. As one may expect the level of observance of patients’ rights varies considerably depending on the availability of resources, financial, human or otherwise. Following that, this study identifies those basic rights that in my opinion form the backbone of the corpus of patients’ rights. Also in this first part of the dissertation I analysed the relationship, and differences, between patients’ rights and the application of the fundamental human rights to issues encountered in the healthcare sector. The second part of this study is dedicated to the detailed analysis of each of the eight basic patients’ rights identified in the first part. The extent of the application of such rights under the Maltese Law is the basis for discussion for such rights before embarking, in each case, on a comparative study with foreign legislations. Since the concept of having one comprehensive piece of legislation dealing with the rights of patients is lacking under our Law, very often the Maltese courts had to resort to the general Civil Law principles in order to provide for the protection of patients. Together with the discussion of the identified rights this study identifies, in each case, those areas that need further specific legislation under our law. The underlying argument of this study is that the way patients’ rights are dealt with from a legal perspective in Malta needs to be aligned with the position obtained under most of the other European jurisdictions. This study culminates, in its final part, in a number of recommendations of how this ought to be achieved, including a draft Patients’ Rights Act and a draft Patients’ Rights Charter. Description: M.A.LAW

2016-01-01T00:00:00Z