https://www.um.edu.mt/library/oar/handle/123456789/52669 2026-04-11T06:02:22Z 2026-04-11T06:02:22Z https://www.um.edu.mt/library/oar/handle/123456789/53372 2020-04-21T14:15:50Z 2019-01-01T00:00:00Z

Title: An overview of the legal mechanisms adopted to combat transnational organised crime in the ambit of global trade governance Abstract: The relationship between trade and crime is a long-standing one, yet significant developments in the past decades have seen illicit actors benefit from the liberalisation of global trade to expand their presence and further their activity in very much the same manner as lawful enterprises. The legal response to various forms of transnational crimes has been largely spurred by international, multilateral instruments, which however have to limit their normative potential to attain widespread acceptance and consequently remain dependant on domestic legislative and regulatory intervention to attain their objectives. The use of trading measures to suppress cross-border criminality is a common feature across a number of such international instruments, yet these often set broad objectives rather than prescribe harmonised regimes, bar some notable exceptions. In a similar manner, the concept of ‘global trade governance’ is as pluralist as ever, with a political retreat from the multilateralism embodied by the World Trade Organisation generating a surge of regional trade agreements. At this level, the legal intersection between trade promotion and the recognition of transnational crime as a threat to the goal of rules-based liberalisation is more readily apparent, with trade instruments effectively being instrumentalised to push for positive normative harmonisation. The multiplicity of obligations binding states risks generating fragmentation unless reconciled. One key consideration in this respect is the WTO, which along with its quasi-universal membership, has repeatedly affirmed that its legal order is to be regarded as setting the parameters wherein states may carry out their legislative and regulatory activity as it affects international trade. Consequently, states must balance their commitments to the multilateral trading system with their interests and obligations to prevent and suppress transnational crime. Disputes considered by the Organisation show how this is an extremely difficult process, particularly if domestic measures are unilateral in nature. Description: LL.M.INTERNATIONAL LAW

2019-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/53371 2020-04-21T14:01:37Z 2019-01-01T00:00:00Z

Title: Provisional account preservation measures in the European Union : a comparison between the Dutch and the Maltese perspective Abstract: The European Account Preservation Order Regulation is a new weapon for creditors to recover their claim by freezing cross border bank accounts, by using one single court order. It is a provisional measure to prevent that the debtor let disappear his assets on a foreign bank account before the creditor is able to obtain the judgment at the court. Furthermore, the opportunity to request for bank account information could be very useful for the creditor. This work contains the fundamentals of the EAPO Regulation, compared to the alternative of the Brussel Ibis Regulation to recognise and enforce a national garnishee order in another European Union member state. The study aim is to conduct focussed comparative research on the requirements and mode of implementation of the Regulation, which will provide a platform for recommendation for amendments to the Regulation, in order to improve the enforcement of creditors’ rights. After research on the use of the EAPO Regulation in Malta and in the Netherlands, by interviewing stakeholders such as lawyers, courts and bank officials, recommendations are given to improve the use and the practical value of this new, cross border garnishee tool. Despite an alleged leak of awareness among legal professionals, the cross border garnishee order including the advantage to obtain account information of the debtor could be a very useful and much wanted instrument. Due to a limited use since the EAPO Regulation became effective in January 2017, related case law is scarce. However, the limitations that are analysed in this work need improvement in order to prevent that ’the Regulation could well join the club of largely unused EU civil justice measures’ Description: LL.M.EUR.BUSINESS LAW

2019-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/53266 2020-04-21T14:08:45Z 2019-01-01T00:00:00Z

Title: The supply of digital content and digital services : towards an improved legal framework in the EU Abstract: In today’s digital world, contracts for the supply of digital content and services are an integral part of the daily life of Europe’s digital consumers considering that such contracts are concluded on a regular basis by millions of consumers across the globe. At present, the supply of digital content and services at EU level falls within the scope of the maximum harmonisation Consumer Right Directive and the minimum harmonisation E-Commerce Directive, yet these directives fail to provide a detailed provision on the mutual rights and duties that the parties under these type of contracts have. To address this high level of uncertainty surrounding the protection of digital consumers, the European Commission has presented a proposal the Directive of digital content to consumer as part of the implementation of the Digital Single Market Strategy in 2015. The ultimate idea is to fundamentally change the contractual regime for selling digital content to the consumers by providing the first EU-wide ‘digital contracts and services’ and to eliminate cross-border online trade barriers by creating a solid consumer protection framework for digital content products. This thesis analyses the Directive in relation to the contractual relationship between the supplier and consumer of digital content to establish whether the Directive will attain its purpose of increasing the confidence of European consumers while achieving the real functioning of the single market. This thesis argues that while the Directive is presented as part as an instrument to fill a gap in the Consumer Acquis, it is primarily concerned with harmonising contract law to cater for previous failed attempts to harmonise Contract law. The thesis also highlights that in its current form due to some of its requirements imposed on businesses, the Directive may lead to inadvertent consequences for consumers. While this thesis recognises the effort of the Directive to enhance consumer protection in this area, posits that some of its provisions needs to be re-examined. Description: LL.M.EUR.BUSINESS LAW

2019-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/53265 2020-04-21T14:05:18Z 2019-01-01T00:00:00Z

Title: The liability of merging parties for ‘gunjumping’ in the light of the ‘notification and standstill’ obligations under the EU Merger Regulation Abstract: Lately, competition authorities seem to be all the more on the qui vive for ‘gun-jumping’. The Commission has recently imposed a record fine of 124.5 million euros for an overhasty implementation of a merger, the Hungarian, French and UK NCAs have recently issued their first ever gun-jumping decisions, and the Irish NCA has just secured its first criminal conviction for gun-jumping before the Dublin Metropolitan District Court. Whilst it is recognised that between the signing of the merger agreement and integration, merging parties need to conduct due diligence, plan the integration of their businesses and preserve the value of the target undertaking, merging parties must be careful not to implement the merger until it is duly assessed and cleared by the relative competition authority. Recent ‘gun-jumping’ cases go a long way in cautioning merging parties to be ever more heedful of the boundaries set by competition law. On the other hand, guidance on what constitutes ‘gun-jumping’ remains relatively scarce, making it an even bigger challenge for merging parties to dodge liability. Description: LL.M.EUR.BUSINESS LAW

2019-01-01T00:00:00Z