https://www.um.edu.mt/library/oar/handle/123456789/19991 2026-07-20T06:07:15Z 2026-07-20T06:07:15Z Grech, Omar https://www.um.edu.mt/library/oar/handle/123456789/148100 2026-07-16T09:13:07Z 2026-01-01T00:00:00Z

Title: From Malta to the international court of justice : the evolving legal status of the common concern of humanity Authors: Grech, Omar Abstract: This paper traces the evolution of the Common Concern of Humanity (CCH) from a political construct to an emerging juridical concept in international law. By analysing treaties, case law, and judicial references—implicit, rhetorical, and doctrinal—it shows how courts increasingly integrate CCH into reasoning on climate and human rights. In particular, the ICJ’s 2025 Advisory Opinion marks a turning point, positioning CCH as a potential foundational principle of the global legal order.

2026-01-01T00:00:00Z Vella De Fremeaux (Mallia), Patricia https://www.um.edu.mt/library/oar/handle/123456789/142881 2026-01-20T14:45:46Z 2025-01-01T00:00:00Z

Title: Peace, security and the validity of international law in the 21st century Authors: Vella De Fremeaux (Mallia), Patricia Abstract: The post-World War Two international legal order was set up to prevent future war and conflict. Article 2(4) of the United Nations Charter (UNC) thus prohibits the use of force while article 51 of the same document preserves a narrow right of self-defence. Under Chapter VII, the UN Security Council is entrusted with “primary responsibility for the maintenance of international peace and security.” Today, these rules remain valid and indeed, ever more essential as current international conflicts demonstrate paradoxically both the durability and also the fragility of the international norms established to preserve international peace and security. This article is based on two premises: first, international law continues to determine State conduct in vital areas such as those of protection, accountability and humanitarian relief. It offers a narrow justification for aggression and provides the baseline methods of conduct for when aggression does occur. Secondly, the effectiveness of the international legal regime is stunted by State politics and veto practices which undermine the protective function of the regime; however, this drawback should not negate the validity or significance of international norms.

2025-01-01T00:00:00Z Vella De Fremeaux (Mallia), Patricia Attard, Felicity https://www.um.edu.mt/library/oar/handle/123456789/137679 2025-07-30T04:53:33Z 2025-01-01T00:00:00Z

Title: Human rights implications of the European Union migration and asylum pact in search and rescue operations Authors: Vella De Fremeaux (Mallia), Patricia; Attard, Felicity Abstract: This article focuses on the legal aspects of the search and rescue considerations in the European Union Migration and Asylum Pact. It provides a considered overview of the core instruments making up the European Union Migration and Asylum Pact and considers how these relate to each other and interact with one another. Particular attention is given to the evaluation of the human element in the light of the difficulties surrounding disembarkations following rescue at sea. Building on this legal analysis, the article also highlights the persistent tensions between State sovereignty and the obligation to uphold and respect the principles of international law. The evolving nature of irregular migration places further pressure on legislative frameworks. The authors also reflect on efforts hat aim to operationalize solidarity, while noting that implementation must not come at the cost of weakening obligations under international refugee and human rights law. The authors conclude that, although the Pact represents a positive step in the progressive development of the law in this area, considering the significant efforts made to address migration through cooperation and development, a number of legal and practical challenges remain, which could endanger fundamental human rights protections, therefore continuous monitoring and evaluation is paramount.

2025-01-01T00:00:00Z Vella De Fremeaux (Mallia), Patricia Attard, Felicity https://www.um.edu.mt/library/oar/handle/123456789/135471 2025-05-15T13:06:00Z 2025-01-01T00:00:00Z

Title: Search and rescue : legal considerations of the EU migration and asylum pact Authors: Vella De Fremeaux (Mallia), Patricia; Attard, Felicity Abstract: This contribution focuses on the legal aspects of the search and rescue considerations in the European Union Migration and Asylum Pact. It provides an overview of the core instruments making up the EU Pact and considers how these relate to each other. Particular attention is given to the evaluation of the human element in the light of the disembarkations following rescue at sea. The authors conclude that, although the Pact represents a positive step in the progressive development of the law in this area, considering the significant efforts made to address migration through cooperation and development, a number of legal and practical challenges remain, which could endanger fundamental human rights protections, therefore continuous monitoring and evaluation is paramount.

2025-01-01T00:00:00Z