https://www.um.edu.mt/library/oar/handle/123456789/1905 Mon, 13 Apr 2026 10:26:26 GMT 2026-04-13T10:26:26Z https://www.um.edu.mt/library/oar/handle/123456789/142881 Title: Peace, security and the validity of international law in the 21st century Authors: Vella De Fremeaux (Mallia), Patricia Abstract: The post-World War Two international legal order was set up to prevent future war and conflict. Article 2(4) of the United Nations Charter (UNC) thus prohibits the use of force while article 51 of the same document preserves a narrow right of self-defence. Under Chapter VII, the UN Security Council is entrusted with “primary responsibility for the maintenance of international peace and security.” Today, these rules remain valid and indeed, ever more essential as current international conflicts demonstrate paradoxically both the durability and also the fragility of the international norms established to preserve international peace and security. This article is based on two premises: first, international law continues to determine State conduct in vital areas such as those of protection, accountability and humanitarian relief. It offers a narrow justification for aggression and provides the baseline methods of conduct for when aggression does occur. Secondly, the effectiveness of the international legal regime is stunted by State politics and veto practices which undermine the protective function of the regime; however, this drawback should not negate the validity or significance of international norms. Wed, 01 Jan 2025 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/142881 2025-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/137679 Title: Human rights implications of the European Union migration and asylum pact in search and rescue operations Authors: Vella De Fremeaux (Mallia), Patricia; Attard, Felicity Abstract: This article focuses on the legal aspects of the search and rescue considerations in the European Union Migration and Asylum Pact. It provides a considered overview of the core instruments making up the European Union Migration and Asylum Pact and considers how these relate to each other and interact with one another. Particular attention is given to the evaluation of the human element in the light of the difficulties surrounding disembarkations following rescue at sea. Building on this legal analysis, the article also highlights the persistent tensions between State sovereignty and the obligation to uphold and respect the principles of international law. The evolving nature of irregular migration places further pressure on legislative frameworks. The authors also reflect on efforts hat aim to operationalize solidarity, while noting that implementation must not come at the cost of weakening obligations under international refugee and human rights law. The authors conclude that, although the Pact represents a positive step in the progressive development of the law in this area, considering the significant efforts made to address migration through cooperation and development, a number of legal and practical challenges remain, which could endanger fundamental human rights protections, therefore continuous monitoring and evaluation is paramount. Wed, 01 Jan 2025 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/137679 2025-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/135865 Title: Lessons for future global health crises : examining the challenges of balancing public health interventions and human rights during the COVID-19 pandemic Abstract: The COVID-19 pandemic has presented governments with an unprecedented challenge: how to effectively protect life and public health while preserving individual rights and freedoms. In response, governments have implemented various measures that have raised concerns regarding their alignment with human rights. This dissertation examines the legal and evidentiary bases governments have used to jus8fy measures that potentially restricted rights such as privacy and liberty, focusing on their alignment with international human rights standards. The research employs a doctrinal approach to analyse the interplay between individual rights and public health measures during a global health crisis. It scrutinises relevant international laws, regula8ons, and precedents that authorised such measures, as well as how international courts and bodies have balanced public health imperatives with human rights obligations. Central to this analysis is the application of international legal principles, including the necessity and proportionality of measures as outlined in international instruments and relevant jurisprudence from bodies like the European Court of Human Rights. The dissertation will thus engage with concerns regarding the implementation of public health measures that arise from the analysis of the legal and evidentiary bases that governments used to jus8fy their COVID-19 measures that are grounded in international law frameworks, as well as recommendations for more human rights-centred government responses in future pandemics. This research addresses a gap in the literature by providing an in-depth analysis of COVID-19 case decisions, the relationship between the evidential and legal bases of such measures, and their application in such cases. It explores how states have interpreted and applied their obligations under international law during the pandemic, including derogations from human rights treaties. The examination reveals inconsistencies and potential weaknesses in the legal and evidentiary foundations used by governments to jus8fy their COVID-19 measures when viewed through the lens of international law. It aims to contribute to the development of a more robust human rights framework for future global health emergencies. Description: LL.M. Wed, 01 Jan 2025 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/135865 2025-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/135862 Title: Assessing human rights violations in migrant rescues : a comparative analysis Abstract: In the last decade, the Mediterranean Sea has emerged as one of the main migratory routes used by thousands of people who, in search of better opportunities and a safer life, face the dangers inherent to these crossings in the hope of reaching Europe. However, the precariousness of the conditions in which these crossings are carried out is a determining factor that has contributed significantly to the tragic outcomes in the Mediterranean. In this context, the search and rescue (SAR) services of coastal States play a crucial role in safeguarding human life at sea, underscoring the urgent need to reinforce such operations to address this humanitarian crisis. This study aims to conduct a comprehensive analysis of the regulatory framework governing SAR operations in order to identify its main shortcomings and the challenges that have hindered the incorporation of humanitarian considerations in its implementation and development. A mix of research methods is employed for this purpose: the comparative legal research and the doctrinal research. This approach allows for an in-depth analysis of SAR cooperation between States from both a theoretical and practical perspective. In this regard, a comparative analysis of joint SAR operations between Italy and Malta in the central Mediterranean, and between Spain and Morocco, in the western Mediterranean has been carried out. The results reveal the main differences in the practice of SAR cooperation in these two migratory contexts, as well as the fundamental challenges to be overcome in order to achieve a more effective SAR regulation, in which humanitarian considerations and the interest in the protection of human life at sea prevail over the traditional sovereignty and security interests of States in the face of irregular immigration. Description: LL.M. Mon, 01 Jan 2024 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/135862 2024-01-01T00:00:00Z