https://www.um.edu.mt/library/oar/handle/123456789/1892 2026-10-30T20:46:59Z 2026-10-30T20:46:59Z https://www.um.edu.mt/library/oar/handle/123456789/150652 2026-10-30T13:03:02Z 2026-01-01T00:00:00Z

Title: Banking on sustainability : the role of banking institutions in promoting environmental and social responsibility among corporate customers Abstract: This dissertation examines the extent to which banking institutions promote environmental and social responsibility among their corporate customers through sustainable finance strategies. It focuses on Malta, Ireland, Japan, New Zealand and China and considers how differences in regulation, governance, banking structures and market conditions shape the effectiveness of banking-led sustainability measures. A qualitative comparative methodology is adopted, drawing on academic literature, legislation, regulatory guidance, policy documents, and publicly available banking disclosures. This dissertation analyses institutional theory and stakeholder theory which provide the analytical framework for assessing how banks respond to regulatory, professional and societal pressures and how they influence corporate behaviour through access to finance. A comparative analysis is also applied. This examination shows that the mechanisms of influence differ across jurisdictions. Malta and Ireland operate within the EU sustainable-finance framework; Japan emphasises transition finance and relationship banking; New Zealand relies heavily on climate disclosure and stakeholder considerations; and China uses state-directed green credit. Malta faces particular implementation challenges because its corporate sector is predominantly composed of SMEs, many of which fall outside mandatory sustainability-reporting requirements. The findings indicate that banks promote environmental responsibility through green lending, sustainability-linked finance, ESG screening, climate-risk assessment, credit allocation, covenants and portfolio monitoring. Their environmental influence is comparatively stronger than their social responsibility because emissions, energy efficiency, taxonomy alignment and transition risk are increasingly supported by measurable indicators and formal regulatory frameworks. Social responsibility is influenced through labour, health and safety, human rights, governance, supply-chain and community-risk assessment, but remains less consistent because social indicators are more qualitative and difficult to verify. The dissertation concludes that banking influence is significant but conditional on regulatory strength, data quality, borrower capacity, monitoring and market incentives. Description: M.A. Fin. Serv.(Melit.)

2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/150651 2026-10-30T12:59:45Z 2026-01-01T00:00:00Z

Title: AML enforcement vs. constitutional rights in Malta : a comparative analysis Abstract: This dissertation explores the constitutionality of administrative fines imposed by the FIAU under Article 13 of the PMLA, examining whether the current enforcement system aligns with Malta’s constitutional guarantees of due process, fairness, and the separation of powers. It also addresses the increasing legal debate about the FIAU’s dual function as both investigator and adjudicator and whether this concentration of authority violates the principles of impartiality and independent judicial protection outlined in the Maltese Constitution. Through a doctrinal and comparative approach, the dissertation analyses relevant statutory provisions, constitutional case law, and academic commentary, while comparing Malta’s framework with those adopted in the United Kingdom, Italy, and Liechtenstein. It considers the availability of appeal mechanisms, the independence of decision-making bodies, and the degree of judicial scrutiny afforded to administrative sanctions. The research reveals that while administrative enforcement offers flexibility and efficiency in addressing financial misconduct, it poses potential risks to constitutional rights when not accompanied by adequate procedural protections. While aiming for reasonable policy goals, the Maltese system has some worrying issues. This is due to the lack of a clear division between investigation and decision-making, the narrow range of judicial review, and unclear rules about whether the penalties are fair. The dissertation concludes that legislative clarification and procedural reform are necessary to strengthen accountability, ensure fairness, and enhance compliance with constitutional and European human rights standards. It proposes the establishment of a more independent review mechanism, clearer criteria for fine determination, and a more transparent appeals process. These reforms would preserve the effectiveness of the anti money laundering framework while restoring full constitutional compatibility and public confidence in the FIAU’s enforcement process. Description: M.A. Fin. Serv.(Melit.)

2026-01-01T00:00:00Z Filletti, Tiziana https://www.um.edu.mt/library/oar/handle/123456789/148216 2026-07-23T10:34:03Z 2026-01-01T00:00:00Z

Title: Company law and corporate insolvency law : the insolvency practitioner : powers, duties, authorisation and liabilities Authors: Filletti, Tiziana Abstract: This book provides a comprehensive analysis of the legal and regulatory framework governing insolvency practitioners under Maltese law, highlighting the major legislative overhauls introduced by the Insolvency Practitioners Act (Chapter 632) and the Pre-Insolvency Act (Chapter 631). It partial-transposes EU Directive 2019/1023 on preventive restructuring frameworks and introduces a modern, professionalized regime for insolvency practitioners in Malta. The work examines the extensive powers and supervisory responsibilities vested in the Competent Authority (the Insolvency and Receivership Service within the Malta Business Registry), early warning mechanisms, pre-insolvency rescue frameworks, and comparative insights drawn from UK and EU jurisprudence—including key topics such as cross-class cram-down, bankruptcy trusteeship, and legitimate expectations of office holders. Furthermore, it explores contemporary challenges and developments, including the integration of Artificial Intelligence in insolvency regulation and evolving anti-money laundering (AML) obligations.

2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/143463 2026-02-05T08:10:38Z 2026-01-01T00:00:00Z

Title: AML enforcement vs. constitutional rights in Malta : a comparative analysis Abstract: This dissertation explores the constitutionality of administrative fines imposed by the FIAU under Article 13 of the PMLA, examining whether the current enforcement system aligns with Malta’s constitutional guarantees of due process, fairness, and the separation of powers. It also addresses the increasing legal debate about the FIAU’s dual function as both investigator and adjudicator and whether this concentration of authority violates the principles of impartiality and independent judicial protection outlined in the Maltese Constitution. Through a doctrinal and comparative approach, the dissertation analyses relevant statutory provisions, constitutional case law, and academic commentary, while comparing Malta’s framework with those adopted in the United Kingdom, Italy, and Liechtenstein. It considers the availability of appeal mechanisms, the independence of decision-making bodies, and the degree of judicial scrutiny afforded to administrative sanctions. The research reveals that while administrative enforcement offers flexibility and efficiency in addressing financial misconduct, it poses potential risks to constitutional rights when not accompanied by adequate procedural protections. While aiming for reasonable policy goals, the Maltese system has some worrying issues. This is due to the lack of a clear division between investigation and decision-making, the narrow range of judicial review, and unclear rules about whether the penalties are fair. The dissertation concludes that legislative clarification and procedural reform are necessary to strengthen accountability, ensure fairness, and enhance compliance with constitutional and European human rights standards. It proposes the establishment of a more independent review mechanism, clearer criteria for fine determination, and a more transparent appeals process. These reforms would preserve the effectiveness of the antimoney laundering framework while restoring full constitutional compatibility and public confidence in the FIAU’s enforcement process. Description: M.A. Fin. Serv.(Melit.)

2026-01-01T00:00:00Z