https://www.um.edu.mt/library/oar/handle/123456789/19991 Tue, 20 Oct 2026 16:49:44 GMT 2026-10-20T16:49:44Z https://www.um.edu.mt/library/oar/handle/123456789/149520 Title: Maltese manual of international law Authors: Vella De Fremeaux (Mallia), Patricia; Attard, Felicity Abstract: This book was conceived from a simple conviction: that Malta’s contribution to international law deserves to be documented, examined and made accessible in a clear and authoritative manner. As scholars working within the Maltese academic community, we have long felt that the fragmented nature of existing material, scattered across judgments, State practice, foreign academic commentary and institutional archives, created a lacuna that needed to be addressed.; This study aims to bridge this gap: assessing foundational principles of international law while also highlighting Malta’s role therein. This work would not have been possible without the assistance and generous insights of Judge Professor David J. Attard whose inspiration, availability and wisdom has refined our love and understanding of international law.; We also wish to acknowledge our students who, over the years, have continuously demonstrated both the need and the appetite for a consolidated reference work on Malta’s place in the international legal system. Their questions and research interests have shaped much of the structure and content of this book.; Finally, we express our deep appreciation to our families, whose patience and support sustained us throughout the long process of research, writing and repeated revisions.; We hope that this book will serve not only as a reference, but also as an invitation to foster an interest in the distinct role that a small State like Malta continues to play in shaping the norms and institutions of the international community.; Given the dynamic natures of the subjects examined, the authors have been constrained to report developments occurring up to December 2025. Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/149520 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/148100 Title: From Malta to the international court of justice : the evolving legal status of the common concern of humanity Authors: Grech, Omar Abstract: This paper traces the evolution of the Common Concern of Humanity (CCH) from a political construct to an emerging juridical concept in international law. By analysing treaties, case law, and judicial references—implicit, rhetorical, and doctrinal—it shows how courts increasingly integrate CCH into reasoning on climate and human rights. In particular, the ICJ’s 2025 Advisory Opinion marks a turning point, positioning CCH as a potential foundational principle of the global legal order. Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/148100 2026-01-01T00:00:00Z 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