https://www.um.edu.mt/library/oar/handle/123456789/2532 2026-10-20T16:27:53Z 2026-10-20T16:27:53Z https://www.um.edu.mt/library/oar/handle/123456789/150102 2026-10-16T08:27:37Z 2026-01-01T00:00:00Z

Title: Examination of Roman law classifications of 'diligentia' in Maltese law Abstract: This monograph examines the connection of Maltese Civil Law and Roman Law on the subject of Diligence. By establishing an unbroken legal link between the Code De Rohan and the current Civil Code, as it was never abrogated by French invaders, something known and carefully drafted the Civil Code with that in mind by Sir Adriano Dingli, the provisions which directs the courts to solve any Lacuna in Civil Law through the continental tradition of the Leggi Communi, as well as giving them the power to give Praetorian remedies, remain in force. In Part I, the various degrees of Diligence in Roman Law are categorized into three main branches of Dolo, Culpa and Dolo, and Special Diligence, based on Ulpianus’ categorisation in the Digest, each degree examined, as a means to understand the concept of the Bonus Pater Familias and the variants derived from it. In Part II, the articles that compose the framework of diligence in the Maltese Civil Code are examined, examining the evolution of the ‘Roman’ Bonus Pater Familias to the ‘Continental’ Good Father of the Family, specifically in the context of the Maltese Civil Code, as well as the application of the former’s variants in select nominate contracts. The position is put forward that it is erroneous to conflate the Reasonable Man standard, with the Bonus Pater Familias, being of a completely different autochthone character that derives from the high standard it originally held in Roman Law, with elements that come from the development of the Leggi Communi. Description: LL.B.(Hons)(Melit.)

2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/149751 2026-10-06T13:33:36Z 2026-01-01T00:00:00Z

Title: Paying due regard : balancing fisheries conservation and international development Abstract: This dissertation examines the historical trajectory of the relationship between fisheries and international development in the fisheries-related resolutions of the United Nations General Assembly from 1992 to 2025. It starts from the observation that international fisheries governance repeatedly recognises the special requirements of developing States, while the meaning of those requirements remains dispersed across treaty law, soft law, UNGA resolutions, FAO instruments, WTO rules and RFMO practice. The dissertation applies the Sociology of Knowledge Approach to Discourse (SKAD) to reconstruct how development is made meaningful, which actors are classified as requiring differentiated treatment, and which solutions become institutionally legitimate. The UNGA fisheries resolutions form the longitudinal coded corpus. Annex 3 situates Development within the wider fisheries discourse, while Annex 4 reconstructs the internal hierarchy of development-related code groups. Annexes 6 and 7 connect this hierarchy to related legal instruments and selected RFMO provisions, including WCPFC, IOTC and ICCAT materials. The analysis shows that development is stable and prominent in the UNGA corpus, but that its meanings are not equally weighted. The strongest development code groups are Technical and Scientific Capacity and Institutional and Regulatory Capacity. Development is therefore most consistently translated into data production, scientific research, stock assessment, monitoring, control and surveillance, compliance, port State implementation, RFMO participation, technology transfer and capacity-building. Social and distributive meanings, including food security, small-scale fisheries, gender, Indigenous Peoples, vulnerability, market access, productive sovereignty and disproportionate burden, become increasingly visible, especially in the later period. However, they are often incorporated through an implementation-centred structure. The dissertation argues that due regard and the special requirements of developing States have acquired clearer institutional form where they align with the functional needs of the fisheries regime, but remain less settled where they require allocation, burden-sharing, correction of historical advantage or stronger recognition of community authority. Description: M.A. Ocean Gov.(Melit.)

2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/149684 2026-10-05T12:36:04Z 2026-01-01T00:00:00Z

Title: The administration of ecclesiastical property : between legal certainty and administrative efficiency Abstract: This dissertation examines the legal and administrative structures regulating ecclesiastical property in Malta, with particular focus on the 1991 Agreement concluded between the Holy See and the Government of Malta, as well as its implementation through Chapter 358 of the Laws of Malta. It assesses whether this framework successfully succeeds in reconciling administrative efficiency with the demands of legal certainty and the protection of proprietary rights. Adopting a primarily doctrinal legal methodology, complemented by a contextual analysis, this study explores the canonical foundations of ecclesiastical property, the operational framework of the Agreement and the role of administrative bodies such as the Joint Office. Through an examination of relevant case law, this study identifies key legal challenges arising in practice, including uncertainty of title, the misclassification of property and the limited protection afforded to third-party rights. The findings demonstrate that while Chapter 358 establishes an effective administrative mechanism for the large-scale transfer and registration of ecclesiastical property, it frequently prioritises administrative efficiency over substantive legal certainty. Moreover, it is concluded that a more balanced approach is required, one which better aligns administrative processes with the fundamental principles of property law to ensure both efficiency and the effective protection of proprietary rights. Description: LL.B.(Hons)(Melit.)

2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/149682 2026-10-05T12:34:04Z 2026-01-01T00:00:00Z

Title: The efficacy of witness protection within the Maltese criminal law and judicial competence : a legislative deficiency or an enforcement lapse? Abstract: This dissertation critically examines the legal framework governing witness protection in Malta, with the aim of determining whether it provides adequate safeguards for witnesses while maintaining the fundamental right to a fair trial. Witness testimony plays a central role in criminal proceedings, often forming the basis upon which courts establish facts and determine guilt. However, the effectiveness of such testimony is inherently dependent on the willingness and ability of individuals to come forward without fear of intimidation, retaliation, or harm. This raises the fundamental question of whether the Maltese legal system offers sufficient protection to those who assume this essential role within the administration of justice. The study adopts a doctrinal black-letter methodology, supported by comparative legal analysis and a review of relevant academic literature. It examines the principal legislative instruments that indirectly regulate witness protection in Malta, namely the Police Act, the Criminal Code, and the Protection of the Whistleblower Act. Through this analysis, the dissertation identifies the fragmented and incomplete nature of the current framework, highlighting the absence of a standalone, coherent witness protection regime. The role of Maltese jurisprudence is also considered, particularly in relation to the assessment of witness credibility and the limited extent to which courts can compensate for broader structural deficiencies. A central component of the research is the analysis of the jurisprudence of the ECtHR, particularly under Article 6 of the ECHR. This provides a crucial normative framework for evaluating the permissibility of protective measures such as witness anonymity and restricted confrontation. The dissertation explores the inherent tension between the need to protect witnesses and the accused’s right to examine witnesses, demonstrating that any protective measure must remain exceptional, necessary, and accompanied by adequate procedural safeguards. The study further incorporates a comparative analysis of foreign jurisdictions, including the United States, the United Kingdom, Italy, and selected small states. These systems illustrate a range of approaches to witness protection, from highly institutionalised relocation programmes to more procedurally focused models. While such frameworks demonstrate the benefits of comprehensive and structured protection regimes, the analysis also recognises the practical limitations faced by small jurisdictions such as Malta, particularly in relation to anonymity, relocation, and long-term protection. The dissertation concludes that the weaknesses within the Maltese witness protection framework are not attributable solely to legislative deficiency or enforcement failure, but rather to a structural interaction between the two. The absence of a coherent legal framework, combined with institutional fragmentation and limited operational capacity, results in a system that is reactive, inconsistent, and insufficiently equipped to address the realities of modern criminal justice. In light of these findings, the study argues for integrated reform, including the adoption of a dedicated witness protection framework, the establishment of specialised institutional structures, the development of clearer procedural safeguards, and enhanced cross-border cooperation. Such reforms are necessary not only to safeguard witnesses, but also to preserve the integrity, effectiveness, and fairness of the Maltese criminal justice system as a whole. Description: LL.B.(Hons)(Melit.)

2026-01-01T00:00:00Z