https://www.um.edu.mt/library/oar/handle/123456789/2754 2026-04-26T18:47:42Z 2026-04-26T18:47:42Z https://www.um.edu.mt/library/oar/handle/123456789/15922 2020-05-15T06:45:56Z 2010-01-01T00:00:00Z

Title: Magister Juris in European & Comparative Law 2010 Abstract: A list of the dissertations in Magister Juris in European & Comparative Law submitted in 2010 Description: M.JURIS.EUR.COMP.

2010-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/5144 2017-10-02T12:09:32Z 2010-01-01T00:00:00Z

Title: Protection afforded to artistic works in intellactual property law Abstract: This dissertation examines copyright of artistic works. Reference will be made to the Berne Convention for the Protection of Literary and Artistic Works (1886) and the World Intellectual Property Organisation (WIPO) Treaties which were in turn reflected by European Union (EU) copyright law, directives and national legislations of Member States. A comparison will be made between the Civil law and Common law jurisdictions such as the United States of America (US) which emphasise aspects of copyright based on different philosophical justifications especially where moral rights are concerned. A thorough exposition of the artistic works which qualify for copyright protection will be made through case-law to show how the courts have applied the requisites of fixation and originality. Artistic craftsmanship and sculpture will receive special attention. The exceptions to copyright are assessed with particular reference to the doctrine of 'fair use' and the tensions that may arise between the public interest requirement and the rights of copyright holders who limit fair use through technological methods. An attempt will be made to show how internet technologies are influencing both the exploitation of copyright works and the rights of the authors themselves who may have to rely on producers of sites and other intermediaries, sometimes to the detriment of their moral rights. Particular reference will be made to the Information Society Directive (ISD) with its definitions of the communication, reproduction and availability rights. The privileged positions of Internet Service Providers (ISPs) will also be analysed especially after the introduction of a 'fourth step' that may limit fair use further. The standing of copyright, as it competes with other rights, is highlighted when copyright as a property right conflicts directly with fundamental freedoms such as privacy rights or competition law. Finally, possible changes to copyright law are discussed in order to achieve the balancing exercise, necessary to safeguard the rights of stakeholders - the entrepreneurs, the authors and the public interest. Description: M.JURIS

2010-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/5142 2020-01-23T10:21:02Z 2010-01-01T00:00:00Z

Title: A study of the national courts reaction to the doctrine of supremacy of European law Abstract: The concept of supremacy of a law not being the law of the same country which promulgated it has always fascinated me; a country's sovereignty and its capacity to promulgate legislation according to the will of the people and without restrictions should always be paramount. The Constitution should always be considered to be the supreme law of that country; however the doctrine of supremacy of European Union law challenges this theory. The objective of this dissertation is that of focusing on the doctrine of supremacy of European Union Law and examine Member States' reaction towards the same. The concept of supremacy is first examined, scrutinizing its origins and development. Next, the reaction of those mostly affected by the doctrine, Member States is being explored. Countries are divided according to what extent they have accepted the doctrine, and in what ways. The examination is divided in four. It is very difficult to divide the countries in categories since in numerous cases, countries fall under two different categories. Member States which have accepted the doctrine to the full are the first to be examined. Here, countries have accepted the doctrine on the basis of the acquis communitaire of the European Union. The focus is Belgium, since it has always been viewed as the Member State which easily accepted the doctrine and its ramifications according to the same reasoning of the European Union. Next, the study focuses on those Member States which accepted the doctrine on the basis of a provision which already exists in their Constitution. Each Member State provision is thoroughly examined and analysed through case law. Within the same chapter, Member States which had to adopt legislation in order to accept the doctrine are also studied. Reference is made to a number of judgements to show whether in practice, such Member States have actually accepted the doctrine to the full. The fourth chapter, which is the most extensive one, deals with those Member States which did not accept the doctrine to the full since they insisted on a number of reservations. Reference is made to numerous judgements which show the Member States' frame of mind and the reason for it not accepting the doctrine to the full. Finally, the study scrutinizes those Member States which although on paper, seem to have accepted the doctrine, a conflict between European Union Law and their national law in practice has never arisen. Case Law regarding international treaties is used as a benchmark in order to evaluate what the Member State's reaction would be should a conflict arise. Member States' adopted legislation is analysed, and in those cases where judgements are inexistent, speculation as to what the Member State's reaction would be in case of such a conflict is resorted to. The study is concluded by bringing together all the knowledge collected throughout the research in an attempt to capture the Member States' reaction to the doctrine of supremacy. Description: M.JURIS

2010-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/5141 2017-07-18T09:09:09Z 2010-01-01T00:00:00Z

Title: Accomodating the crescent within the Union : human rights issues resulting form muslim presence in Europe Abstract: Europe has become a popular destination for Muslim immigrants. There seems to be no disagreement that Islam has a foothold in the EU and is here to stay. Islam is growing faster than any other religion in Europe and the EU is reliant on migrant labour to help support its generous pension schemes. These figures show that Muslims make up a substantial minority worthy of consideration. Hence, the necessity to enquire how the 'Crescent' is to be accommodated within the 'Union' and the compatibility of fundamental human rights between the two legal families. The dominant derogatory perceptions of Islam and Muslims tend to be reinforced by the ongoing controversy between Islam and Human Rights. The 09/11 events have only further nurtured a general feeling of 'islamophobia'. In fact, amidst the wider debate of 'the war on terror', one only rarely gets to hear or read about the differing legal approaches to personal law, ritual slaughtering, worship etc. Secondly, the prospect of Turkey's accession to the European Union seems to be creating fear of religious, legal and cultural imbalance. The EU has been more than adamant about Turkey's conformity to human rights policies before considering the latter's admission. Giving Islam a sound legal status in the European Member States means addressing a number of delicate issues spurred by the Muslim presence in Europe. Among the questions which will be addressed by this dissertation one will find human rights concerns relating to family and personal law. The chief area of conflict between Islam and Human Rights is not politics, but rather Civil Law. This is also illustrated by the debate over secularism and Islam. How are Muslims in Europe to be accommodated without falling foul of the European idea of fundamental human rights? As a case in point, can polygamy and 'Talaq' (repudiation) be reconciled with the European notion of human rights? Is Muslim family law to be bound by human rights criteria? Another part of this dissertation will be dedicated to the headscarf issue and jurisprudence on the same. How is the European Court of Justice and the European Court of Human Rights dispensing of cases concerning Islamic elements? For example, mention is made of the Sahin case which has transformed the Muslim headscarf as a European legal issue. Is this veil an expression of one's faith or a perpetuation of gender inequality? The above are only some of the core issues which will be tackled by this dissertation. The interplay between Islam and Fundamental Human Rights will shape whether the future will be one of a 'Muslim Europe' or a 'Euro Islam'. Description: M.JURIS

2010-01-01T00:00:00Z