https://www.um.edu.mt/library/oar/handle/123456789/124169 Fri, 10 Apr 2026 14:18:57 GMT 2026-04-10T14:18:57Z https://www.um.edu.mt/library/oar/handle/123456789/124398 Title: Mediterranean Journal of Human Rights : volume 3 : number 2 Authors: Rebuffa, Giorgio Abstract: Table of contents:; - Editorial: Politics, Sovereignty and Globalisation: Giorgio Rebuffa; - A Civil Code for Europe: Ex Pluribus Unum: Guido Alpa; - "Democratic Interference" with Regard to the Haider Case: Salvo Ando; - Income Distribution, Social Cohesion and Sustainable Development: The Economy of Communion Model: Emanuel P Delia; - Le Concept de Citoyennete dans un Contexte Arabo-Islamique: Chokri Memni; - International Criminal Justice: The Next Step, The Hague: Ezechia Paolo Reale; - Techne, Politics, Human Rights: Millennium-Eve Considerations On some Aspects of Globalization: Ciro S bailo; - Criminals, Monsters, Human Rights: Are Human Rights for Monsters too? Franco Sidoti; - The Accused's Presence in Criminal Proceedings: Malta and Strasbourg: John J Cremona; - Torture and Allegations of Inhuman and Degrading Treatment in the Basque Region: Inigo Elkoro & Esther Aguirre; - Human Rights: Universal Relevance but Local Interpretation: Joseph A Filletti; - The Universal Character of Human Rights and Mediterranean Regionalization: Milena Modica; - Empowering NGO's to Prevent Torture in South-Eastern Europe: Audrey Vogel; - Workshop Report; - Book Reviews; - Abstracts in Arabic Fri, 01 Jan 1999 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/124398 1999-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/124397 Title: Editorial : politics, sovereignty and globalisation Authors: Rebuffa, Giorgio Abstract: This editorial deals with the impact an increased level of globalisation may have upon state sovereignty and politics. In the era of globalisation the political leaders of a Nation State could make choices which might affect people -they are not accountable to and the converse is also true: a national government can be called before some international organisation because of situations originating within the national jurisdiction. The ref ore issues of justice no longer arise solely within the context of the relationship between a state and its nationals. The author focuses his attention upon his country, Italy. He observes that Italian politics is based upon the concept of the Nation State. Only the technological and economic consequences of globalisation are noticed, without grasping its fundamental political essence. Yet the Pinochet saga highlights the crisis of the model of national sovereignty and our new responsibilities. Thus, the European Union is a political reality which is not simply given by the sum of the wills of its individual member states. It is argued that flexibility and ductility in international relations can coexist with national sovereignty, provided that this be supported by active political subjects, parties, movements, and currents of thought. Italy is deprived of such strong references rooted in its national history. This is why, in the age of globalisation, Italy as a nation runs the risk of evaporating. The strength of Europe lies in its strong political identities, its heritage of experiences and capacities, values and memories, and also of myths and symbols. Fri, 01 Jan 1999 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/124397 1999-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/124396 Title: A civil code for Europe : Ex Pluribus Unum Authors: Alpa, Guido Abstract: A civil code for Europe is an initiative of a group of scholars of different nationalities (Germany, Denmark, Holland, France, Italy, Spain and Portugal), in order to create a common code of rules of private law. The rights of European citizens could be strengthened by this initiative. The Steering Committee for the drafting of a European Civil Code has completed the text concerning the section on contract law, and is now attending to the drafting of the sections concerning restitution, unjustified enrichment, payment of an indebitum, special contracts, services, transfer of property and securities. The author discusses the origins of this initiative, its goals and the criticism directed against the unification of civil law in the European Union. Fri, 01 Jan 1999 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/124396 1999-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/124395 Title: "Democratic interference", with regard to the Haider case Authors: Ando, Salvo Abstract: This article comments at length about the legal implications of the reaction of the member states of the European Union to the formation of a government in Austria which included Haider's party; a party which is politically unpopular with the major European parties. The E.U. governments claimed that the purpose of their interference in Austrian political life was to guarantee respect for democratic values and principles and respect for human rights. However, the author is of the opinion that such interference is based on legal principles which are unclear if not completely unfounded. The action of the E.U. governments. is unprecedented in that in practice it prohibited the forrnation of a government which included. a party which is unpopular with the major European parties. It is now generally recognized that certain state prerogatives which until the. Second World War were considered as non-derogable rights emanating f ram state sovereignty lose their validity if they lead to violations of fundamental human rights. However it is hardly fair to claim that the formation of a government which includes Raider's party is in itself a violation of human rights. Moreover, Austria has one of the most real and effective legislative frameworks found in the member States of the E.U. to prohibit any government or any political majority from committing any acts which would undermine fundamental rights. The interference of the E.U. governments has laid down a dangerous precedent, for there have never been dissenting opinions on the European level with regard to the party's participation in elections. It follows from the reasoning of the fourteen E.U. governments that for participation in government, more requisites have to be fulfilled than those required to hold a seat in Parliament. The 'democratic interference' exercised by the governments of the E.U. in this Austrian political event appears to be a grave, unjustified, abuse. Fri, 01 Jan 1999 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/124395 1999-01-01T00:00:00Z