https://www.um.edu.mt/library/oar/handle/123456789/64647 2026-04-12T10:54:40Z 2026-04-12T10:54:40Z https://www.um.edu.mt/library/oar/handle/123456789/64882 2020-12-14T09:30:28Z 1999-01-01T00:00:00Z

Title: Id-Dritt : Volume 17 : 1999 Abstract: 1/ George Said - Editorial -- 2/ Joanna Drake - The exhaustion principle comes in the way of parallel importers -- 3/ Vincent A. De Gaetano - The doctor in court - an overview -- 4/ Joseph Filletti - OSCE Mediterranean seminar on the human dimension of security -- 5/ Giuseppe Mifsud Bonnici -- Exhaustion of domestic remedies -- 6/ Austin Bencini - The 1998 dissolution of parliament -- 7/ Brian Berry - The new single court of human rights -- 8/ Ruth Farrugia - Parentage and human rights: the child's point of view -- 9/ Hugh Peralta - The erosion of property rights; politicians and politics -- 10/ Gianfranco Gauci - The evolution of the concept of Rissa in Maltese law with reference to section 237 of the criminal code -- 11/ Emmanuel Mallia - L-etika fil-professjoni legali

1999-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/64881 2020-12-06T06:20:04Z 1999-01-01T00:00:00Z

Title: Editorial [Id-Dritt, 17, 1999] Abstract: This issue of Id-Dritt Law Journal is important for a number of reasons. Firstly, it represents a comeback of ld-Dritt since its last publication in 1991. Secondly, owing to the sad but hopefully temporary demise of De Jure, the law journal published by the Chamber of Advocates, Id-Dritt has found itself remaining the only local legal journal on the market at present. Therefore it was of utmost importance to re-launch this publication, owing not so much to the fact that it is the Law Society's main source of income, but also to its importance as a law journal in the local legal environment. The Editorial board, in its collection of articles, has attempted to cover a wide range of subjects, some of which deal with hot topical issues and others which deal with specific questions of law. Since it is the intention of the Editorial Board to issue Id-Dritt on a bi-annual basis for the time being, each issue will be of considerable length and will include a large number of articles. Therefore our doors are always open to anyone who would care to contribute. Hopefully, our initiative to relaunch this publication will be upheld, strengthened and developed by all future Law Society committees since we feel that this publication, now nearly thirty years old, has taken its place as a minor but, nevertheless important institution within both university and professional legal circles in Malta.

1999-01-01T00:00:00Z Drake, Joanna https://www.um.edu.mt/library/oar/handle/123456789/64880 2020-12-06T06:19:59Z 1999-01-01T00:00:00Z

Title: The exhaustion principle comes in the way of parallel importers Authors: Drake, Joanna Abstract: An Austrian Court, seized with a dispute between two Austrian companies, Silhouette and Hartlauer, sought the assistance of the European Court of Justice in Luxembourg, through a preliminary reference. Silhouette, a manufacturer of top of the range branded spectacles sold its product to a company established in Bulgaria on condition that they would not be resold elsewhere, including the European Economic Area. Hartlauer, a discount outlet in Austria, sought to obtain Silhouette spectacles from the brand owner, but was turned down because of the down-market image of the outlet. On being refused supply, Hartlauer succeeded in sourcing genuine Silhouette spectacles from Bulgaria on the grey market and imported them into Austria for resale from his discount outlet. In an effort to protect the image of the spectacles, Silhouette sought an injunction before the Austrian courts to stop Hartlauer from offering the spectacles for sale in Austria. Since the matter turned on the interpretation of a provision of the European TradeMark Directive, the Austrian Court referred a question to the European Court of Justice, in virtue of the preliminary reference procedure under Article 177 of the EC Treaty.

1999-01-01T00:00:00Z De Gaetano, Vincent A. https://www.um.edu.mt/library/oar/handle/123456789/64879 2020-12-06T06:20:06Z 1999-01-01T00:00:00Z

Title: The doctor in court - an overview Authors: De Gaetano, Vincent A. Abstract: When, about two weeks ago, I was asked by my friend Dr. Mario Scerri to address you, my first reaction was to say politely "no thank you". What can a lawyer say which can be of interest to medical people gathered to discuss topics in the field of forensic medicine? But then I thought of the many close encounters I have had, both as a prosecutor and now as a judge, with doctors in the court room, encounters that have been in some cases rewarding, in others disappointing, in some cases positively entertaining, in others nightmarish. What is that makes the doctor's role in court, particularly in criminal proceedings, so captivating for the media, so much discussed and criticised by lawyers, and so very often disliked by doctors themselves? After all the doctor in court- unless he happens to be the accused or unless he is giving evidence on something totally unrelated to his medical practice - should be saying in court very much the same thing he would have said in a case conference with colleagues or in a written report submitted to a patient or to whoever requests such a report (e.g. an insurance company). The answer is both simple and complicated. The simple answer is that the moment a doctor is transposed from a purely medical setting into a legal or courtroom setting, the "rules of the game" are changed. The complicated answer is linked to the more or less complex rules of the adversarial legal system, to which are added what to many may seem as quaintnesses and endemic inconveniences peculiar to the Maltese legal system.

1999-01-01T00:00:00Z