https://www.um.edu.mt/library/oar/handle/123456789/28353 2026-04-12T21:04:04Z 2026-04-12T21:04:04Z https://www.um.edu.mt/library/oar/handle/123456789/103636 2022-11-14T11:27:21Z 2017-01-01T00:00:00Z

Title: The legitimacy of military intervention for humanitarian purposes Abstract: Coming to a consensus about the current status of humanitarian intervention, is probably impossible task. Currently it is practiced both legally and illegally at the same time. I became interested in this subject due to the current situation and war in Syria, where the unilateral military interventions have been criticized, but also silently approved by many states. Further more, now and in the past, perpetrators of unilateral military intervention are rarely brought to justice. Therefore the question arises if the doctrine of humanitarian intervention in customary law been so infringed that it has become worthless? International community's and most significantly the United Nation's failure to stop the nearly 6 years of massacres in Syria has once again brought the concept of humanitarian intervention to the center of discussion. The UN Security Council was set up in the aftermath of WW2 to guarantee securing international peace for the future generations and to stop similar atrocities being repeated. The humanitarian crises in Syria as disastrous as it has been, has made some even conclude that the Security Council is now torn apart irreplaceably. Not only has the Security Council failed to adopt many of its draft resolutions because of vetoes, but four of the five permanent members of Security Council are themselves involved militarily in Syria in one way or the other. Political divisions over Syria have had tremendous consequences. The Security Council has visibly been unsuccessful fulfilling its basic function, which is the maintenance of international peace and security and also failed to uphold its Responsibility to Protect (R2P) the Syrian people. The Responsibility to Protect (R2P) was a global commitment, which was endorsed by all member states of the UN in the 2005 World Summit. Its purpose was to commit to prevention of genocide, war crimes, ethnic cleansing and crimes against humanity. The situation in Syria however, has drearily been called a "failure to protect". The persistent political divisions and failures to come close to any diplomatic and peaceful solutions or even a ceasefire, led to the resignation of Kofi Annan as UN-Arab League Joint Special Envoy for Syrian crises. Annan, a firm supporter of the R2P doctrine, and creator of six-point plan for peace in Syria, announced that he was resigning because of the failure and what he said had become a 'mission impossible'. Description: LL.M.

2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29398 2019-01-22T08:58:14Z 2017-01-01T00:00:00Z

Title: The importance of maritime security in the Mediterranean : an International Law approach Abstract: The focus of this term paper is the contemporary maritime crimes and threats that are currently impacting the maritime security within the Mediterranean Sea. Although there has been significant progress towards regulating maritime security law, new trends have resulted towards the need for international bodies and national governments to come together and further intensify these maritime rules. The 1982 United Nations Convention on the Law of the Sea is considered to be the primary source towards regulating maritime security, however the lack of providing definite responses and concrete regulations concerning such crimes is evident. Possible lacunae at law could deter a substantial amount of activity which could have an economic, political and social effect. The security threats within the Mediterranean, such as the illicit trafficking and smuggling of drugs, weapons and people together with the rapid increase in terrorism have left both shipping companies and authorities cautious and concerned for the safety of the lives of persons at sea. Currently, several states within the borders of the Mediterranean Sea have experienced irregular behaviour as a result of the 2011 Arab Spring uprisings and instability within the Middle East with reference to Syria, where the nation is in constant civil war. These atrocities have seen a large influx of irregular migration movements, where people risk their lives to reach safer states and attempt to seek asylum and find peace. This term paper aims to highlight and identify these security threats by evaluating all the prevailing and relevant international instruments regulating such maritime security and understand whether there is enough recognition concerning this matter. Furthermore, the need for adequate and immediate action and ideas to help suppress these crimes from disrespecting the peace and freedom of safety of navigation at sea is of paramount importance, in order to ensure that the Mediterranean Sea remains one of the most trusted and reliable shipping routes in the world. Description: LL.B

2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29308 2018-04-23T09:00:38Z 2017-01-01T00:00:00Z

Title: A critical analysis of international jurisprudence relating to terrorism Abstract: Terrorism manifests itself in many different forms. Under the umbrella of the United Nations, a number of resolutions and conventions have been adopted in a bid to fight terrorism and bring to justice those guilty of committing such heinous crimes. The international community has however fallen short of establishing a universally accepted definition of terrorism and the International Criminal Court has no jurisdiction over the crime of terrorism. In the absence of both an accepted definition and ICC jurisdiction, this paper argues that in seeking to analyze the crime of international terrorism, one must necessarily fall back on the jurisprudence of ad hoc, hybrid, and specialized tribunals. This paper will explore how three different tribunals in three particular cases have advanced the prosecution of the crime of terrorism. The Special Tribunal of Lebanon, a hybrid Court, forged a definition of terrorism in times of peace which had frustrated the international community for decades. With Camp Zeist, the Specialized Court which prosecuted over the Lockerbie Case, we see advances in procedural justice with the establishment of the procedural possibility of aut transfere. The Appeals Chamber in Galić within the ad hoc Tribunal of the ICTY confirmed with some certainty that acts of terror constitute a war crime under International Law and shaped its fundamental constituent elements. All three models of Tribunals have served the international community well. But are these or others modeled on them in the future the appropriate fora for the prosecution of terrorism? The paper will thus take the argument one step further and utilize the above rulings as a frame of reference to determine the forum conveniens for the prosecution of international terrorism. Description: LL.B

2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29272 2018-04-23T13:17:21Z 2017-01-01T00:00:00Z

Title: The legal framework regulating the reception period for irregular migrants : a Maltese perspective Abstract: This work has analysed the development of the Maltese legal framework for the reception of irregular migrants and their various rights up until the establishment of their status, against the various scenarios that have influenced it. These scenarios include migration flows and their causes, together with the changes in International and European Law, mainly the Reception Conditions Directive, in its consequent revised versions. Furthermore, NGOs and Government Officials in the sector were interviewed and a detailed analysis of their various comments was also carried out. Following an introduction which briefly summarises the phenomenon of mass migration towards the EU, the subsequent chapters analyse the developments of the Reception Conditions Directive and its transposition into Maltese law, seeing its parallel development and influence from and upon implementation issues. An in-depth analysis was carried out on five major issues concerning asylum seekers, these included Vulnerability, Health Care (physical and mental), Material Reception Conditions (accommodation and financial allowance), Employment and Information. The findings of the above mentioned issues show that the various stages from the arrival of the asylum seekers up to the determination of their status are in need of further streamlining and revision of both the National and European legislation together with an update of the National policy on migration. The final conclusions give a number of recommendations for a better reception and more efficient integration of migrants into Maltese society, for the benefit of all concerned. Description: LL.D.

2017-01-01T00:00:00Z