https://www.um.edu.mt/library/oar/handle/123456789/1901 2026-04-13T06:45:45Z https://www.um.edu.mt/library/oar/handle/123456789/2170 Title: An analysis of the measures implemented by member states to encourage investment in renewable energy projects. Do such measures comply with EU state aid provisions? Abstract: This study delves into the European Union’s energy policy, specifically its strategy for 2020. Directive 2009/28/EC sets out binding targets regarding the production of renewable energy, and recommends that Member States implement support schemes and cooperation mechanisms in order to meet such targets. This thesis analyses the different support schemes that Member States have implemented, specifically Germany, the UK and Malta, and their effectiveness in encouraging investment in renewable energy projects. It establishes that there is a need for the convergence of such support schemes in order to avoid the fragmentation of the internal market. The harmonisation of support schemes is not currently optimal, and therefore the European Commission encourages Member States to cooperate with each other, and learn from each other’s experiences, in pursuance of the ‘Europeanisation’ of such support schemes. The study also discusses the benefits that may be derived from cooperation mechanisms, which allow Member States to benefit from the production of renewable energy in other Member States. By means of such mechanisms renewable energy will be produced were it is most cost-effective and therefore the distortion to the market is limited. However, unlike support schemes, very few Member States plan on using such mechanisms. Support measures may constitute state aid, and therefore may be prohibited under Article 107(1) TFEU, due to the fact that they distort competition and negatively affect the internal market. However, the Commission has the discretion to declare such measures as being compatible with the market if they fall within the scope of Article 107(3). This thesis analyses the situations when such support measures may be authorised and the effectiveness of the Environmental State Aid Guidelines and the General Block Exemption in providing guidance to Member States regarding the Commission’s practice in exercising its discretion. Description: LL.D. 2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/2152 Title: The right of the individual under international law as developed by the Aarhus convention Abstract: This dissertation discusses how the Aarhus Convention, through the three pillar rights, has integrated the notion of environmental protection with the notion of human rights. These pillar rights, namely, the right of access to environmental information, the right to public participation in decision-making and the right of access to justice in environmental matters are fused together with the intention of attaining the objective of the Convention. This objective establishes the right of every person of present and future generations to live in a healthy environment. Notwithstanding the fact that, it is widely connected with the nature and scope of certain human rights, including, inter alia, the right to life itself, both jurisprudence and legislation have not till this present day fully acknowledged its real implications. The pivotal role of the Convention remains that of strengthening the position of the individual within the municipal legal system, which enables him to actively participate in public matters relating to the environment. The idea behind this is two-fold. First, it is crucial that governments recognise the public’s potentialities of the public by providing adequate and effective opportunities for increased engagement within the political sphere of environmental democratic governance. Second, the added value of public participation is that Parties must essentially act more transparently and accountably if the public were to be involved from the very beginning till the very end within environmental decision-making procedures. These considerations highlight the need for an extended interpretation of already existing civil and political rights as well as of social, economical and cultural rights. Hence, endorsing the three pillar rights as being inherently connected with human rights by according a higher status that does more than treat them as mere ordinary rights encompassed within an international environmental treaty. Description: LL.D. 2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/2141 Title: Establishing marine conservation areas on the high seas Abstract: This work was inspired by the current and highly debated topic of marine conservation in areas beyond national jurisdiction, particularly by the establishment of Marine Protected Areas. ! As found in the 1982 United Nations Convention on the Law of the Sea, areas beyond national jurisdiction include both the Area and the high seas. The basic aspect of the high seas regime is freedom. Today the freedom of the high seas is not absolute, but subject to a number of conditions. For centuries, areas beyond national jurisdiction were unexplored, but with the advancement of technology, human activities expanded across the oceans. International maritime traffic, exploitation of fish stocks, pollution and climate change are some of the threats faced by marine biodiversity today. Although international law requires states to conserve marine living resources and to protect the marine environment, human activities are still threatening marine species and their survival. The international community now recognises the importance of establishing Marine Protected Areas (MPAs) as a key conservation tool for the preservation and sustainable use of marine biodiversity. MPAs are defined areas in the sea that are given greater protection than the surrounding waters and in which human activity is restricted in the interest of conserving marine species and their habitats. MPAs may have various objectives and may differ from no take zones, to multiple use areas. ! This study aims to identify the main legal instruments which may facilitate the establishment of high seas MPAs. Areas beyond national jurisdiction pose a legal challenge, in that they are less protected and are subject to common access. This study explores the possibility of an efficient legal management tool for the establishment of high seas MPAs. Finally, this thesis provides the reader with an interesting insight on the main legal challenges affecting MPAs, their implementation, and monitoring. Description: LL.D. 2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/2138 Title: Greenhouse gas emissions in the shipping industry : are they adequately regulated or is further legal action required? Abstract: This thesis deals with the emissions of greenhouse gases (GHGs), in particular Carbon Dioxide (CO2), from international shipping which is one of the various sectors that is contributing to the transnational problem of climate change. Despite the fact that shipping is perceived as one of the most sustainable modes of transport, an increase in worldwide trade will eventually lead to a greater dependency on ships to transport goods. As a result, if no measures are adopted to deal with this issue, GHG emissions from international shipping will increase drastically. In response to the projected increase in GHG emissions from international shipping, ongoing discussions on an international level are taking place under the auspices of the International Maritime Organization (IMO) to develop measures in order to reduce GHG emissions from shipping. A major breakthrough in these discussions has been the adoption of technical and operational measures to limit GHG emissions from international shipping in order to improve the energy efficiency of ships. These measures alone are inadequate to address the problem in question, and as a result, market-based measures are required to complement the technical and operational measures. However, conflicting principles of common but differentiated responsibility and no more favourable treatment which dominate the international discussion on this matter hinder the development of regulations in this field. In addition, there are also discussions on this issue on a regional level whereby the European Union launched its own strategy to include maritime transport emissions in its GHG reduction policies. This strategy consists of a three-stepped approach which could ultimately facilitate the discussions taking place on the international plane. Description: LL.D. 2014-01-01T00:00:00Z