https://www.um.edu.mt/library/oar/handle/123456789/2532 2026-09-03T01:55:54Z https://www.um.edu.mt/library/oar/handle/123456789/148885 Title: A Maltese exclusive economic zone : a critical analysis of Chapter 625 and Act XXXV of 2023 Abstract: This dissertation examines the legal framework governing Malta’s Exclusive Economic Zone. It does so with particular focus on Chapter 625 of the Laws of Malta and Act XXXV of 2023, against the background of the 1982 United Nations Convention on the Law of the Sea. The Exclusive Economic Zone is one of the most important innovations of the modern law of the sea because it reflects a careful balance between the sovereign rights and jurisdiction of the coastal State and the continued rights and freedoms of other States. This study considers how far Malta’s recent legislative developments adequately reflect the legal nature of the exclusive economic zone and the limits imposed by international law. The work considers whether Malta’s legal framework conforms to the structure and limitations imposed by UNCLOS, whether the amendments introduced in 2023 give rise to legal inconsistency or jurisdictional uncertainty, and whether the present regime provides a sufficiently complete and enforceable foundation for the regulation of offshore activity. It further examines the extent to which that framework can advance Malta’s strategic, environmental, and economic interests, particularly in the fields of marine protection, spatial planning, and offshore renewable energy. The purpose of the dissertation is therefore to move beyond a merely descriptive account of domestic legislation. Its aim is to evaluate the coherence and adequacy of Malta’s present EEZ regime, to identify the principal legal and practical difficulties arising from it, and to determine whether further reform is required if the framework is to operate effectively in practice. Description: LL.B.(Hons)(Melit.) 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/148884 Title: A legal analysis of political media dynamics in Malta Abstract: This dissertation examines the regulation of media and political communication in Malta, with particular focus on the balance between freedom of expression, regulatory oversight, and democratic fairness. It begins by analysing the Maltese legal framework, including the constitutional protection of freedom of expression under Article 41, the influence of Article 10 of the European Convention on Human Rights, and the institutional role of the Broadcasting Authority in ensuring impartiality in political communication. Particular attention is given to the practical challenges arising within this framework, including the limitations of regulatory enforcement and the increasing impact of digital media. The analysis then considers comparative perspectives, including European regulatory models, the United States’ strong protection of political speech, and the restrictive approaches adopted in authoritarian systems. This comparative assessment illustrates the differing constitutional priorities which shape media regulation across jurisdictions. The dissertation demonstrates that, while the Maltese framework is grounded in strong constitutional principles, it faces significant challenges in adapting to modern developments, particularly the rise of online media and the resulting regulatory gap between traditional and digital platforms. This imbalance raises concerns relating to transparency, misinformation, and the integrity of democratic discourse. The study concludes that reform is necessary to ensure that the legal framework remains effective in safeguarding democratic values. A number of recommendations are proposed, including the need to address regulatory asymmetries, strengthen oversight mechanisms, and modernise the legal framework in light of evolving modes of political communication. Description: LL.B.(Hons)(Melit.) 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/148883 Title: The IMO’s decarbonisation strategy and its legal impacts on shipping Abstract: This dissertation examines the legal effectiveness, enforceability, and practical implementation of the International Maritime Organization’s (IMO) decarbonisation strategy within the framework of International Law. It addresses three central questions: the legal impacts of the strategy on international shipping, the extent to which it ensures effective and enforceable regulation, and its implications for States and industry stakeholders operating within a system of shared jurisdiction. Adopting a doctrinal methodology, the study analyses key legal instruments, including the United Nations Convention on the Law of the Sea (UNCLOS), MARPOL Annex VI, and the IMO’s greenhouse gas strategy, alongside relevant regional measures such as the European Union’s emissions trading system (EU ETS). The research demonstrates that maritime decarbonisation is governed by a coherent legal structure in which global standards are developed through the IMO and implemented by States exercising flag, coastal, and port State jurisdiction. The findings show that the IMO framework establishes clear legal obligations and reinforces State responsibilities under UNCLOS, particularly through the principle of no more favourable treatment (NMFT) and port State control. Their effectiveness remains debated because enforcement depends on flag-State implementation. A central challenge arises from the interaction between uniform maritime regulation and differentiated climate obligations, requiring reconciliation through regulatory design and supportive mechanisms. The dissertation further argues that while regional measures may enhance enforcement within limited jurisdictions, they risk introducing regulatory complexity and behavioural responses such as port avoidance, thereby reinforcing the necessity of a coordinated global approach. The postponement of the Net Zero Framework highlights both the constraints and functional realities of consensus-based governance in a sector characterised by competing economic and political interests. It is concluded that the IMO’s decarbonisation strategy constitutes a necessary and legally coherent foundation for global maritime regulation. Its effectiveness ultimately depends on the adoption of coordinated global measures, strengthened implementation capacity, and the integration of economic instruments capable of achieving absolute emissions reductions. The study demonstrates that the primary challenge lies not in the absence of legal frameworks, but in their practical operation within the structure of International Law. Description: LL.B.(Hons)(Melit.) 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/148882 Title: Reviving the commercial court : assessing its modern role in Malta’s judicial system Abstract: Act IV of 2026 reintroduces the Commercial Court within the Maltese judicial system. This reform is arguably a significant legislative development intended by the Legislature to modernise Malta’s commercial adjudicatory framework by addressing persistent concerns regarding the absence of a specialised commercial adjudicatory forum and judicial delays caused by structural and procedural inefficiencies within the Maltese judicial system. The dissertation first traces the historical evolution of Maltese commercial adjudication, from the Consolato del Mare di Malta to the former Commercial Court under the British rule up to the Civil Court (Commercial Section). This historical analysis demonstrates an oscillation between the specialist and generalist positions to adjudication. The dissertation then proceeds to evaluate the Commercial Court through three criteria: jurisdiction and judicial specialisation, rule of law adherence, and procedural efficiency. The analysis addresses the jurisdictional framework through amendments made to the Code of Organisation and Civil Procedure. The analysis then considers rule of law considerations particularly in relation to legal certainty and access to justice. The analysis concludes by addressing the absence of specialised procedural rules governing commercial adjudication. A comparative methodology is adopted throughout this analysis with the French Commercial Tribunals and the Irish Commercial List in order to assess whether the Maltese model aligns with established practices in commercial adjudication. This dissertation concludes that although Act IV is a meaningful attempt at reviving commercial adjudication in Malta, this reform is incomplete. Jurisdictional ambiguities, limited safeguards for judicial expertise, and the absence of a specialised procedural framework risk undermining the effectiveness of the Commercial Court. Therefore, further legislative amendments are necessary for the reform to fully achieve its objectives. Description: LL.B.(Hons)(Melit.) 2026-01-01T00:00:00Z