https://www.um.edu.mt/library/oar/handle/123456789/2532 Sun, 08 Nov 2026 19:05:20 GMT 2026-11-08T19:05:20Z https://www.um.edu.mt/library/oar/handle/123456789/150652 Title: Banking on sustainability : the role of banking institutions in promoting environmental and social responsibility among corporate customers Abstract: This dissertation examines the extent to which banking institutions promote environmental and social responsibility among their corporate customers through sustainable finance strategies. It focuses on Malta, Ireland, Japan, New Zealand and China and considers how differences in regulation, governance, banking structures and market conditions shape the effectiveness of banking-led sustainability measures. A qualitative comparative methodology is adopted, drawing on academic literature, legislation, regulatory guidance, policy documents, and publicly available banking disclosures. This dissertation analyses institutional theory and stakeholder theory which provide the analytical framework for assessing how banks respond to regulatory, professional and societal pressures and how they influence corporate behaviour through access to finance. A comparative analysis is also applied. This examination shows that the mechanisms of influence differ across jurisdictions. Malta and Ireland operate within the EU sustainable-finance framework; Japan emphasises transition finance and relationship banking; New Zealand relies heavily on climate disclosure and stakeholder considerations; and China uses state-directed green credit. Malta faces particular implementation challenges because its corporate sector is predominantly composed of SMEs, many of which fall outside mandatory sustainability-reporting requirements. The findings indicate that banks promote environmental responsibility through green lending, sustainability-linked finance, ESG screening, climate-risk assessment, credit allocation, covenants and portfolio monitoring. Their environmental influence is comparatively stronger than their social responsibility because emissions, energy efficiency, taxonomy alignment and transition risk are increasingly supported by measurable indicators and formal regulatory frameworks. Social responsibility is influenced through labour, health and safety, human rights, governance, supply-chain and community-risk assessment, but remains less consistent because social indicators are more qualitative and difficult to verify. The dissertation concludes that banking influence is significant but conditional on regulatory strength, data quality, borrower capacity, monitoring and market incentives. Description: M.A. Fin. Serv.(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/150652 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/150651 Title: AML enforcement vs. constitutional rights in Malta : a comparative analysis Abstract: This dissertation explores the constitutionality of administrative fines imposed by the FIAU under Article 13 of the PMLA, examining whether the current enforcement system aligns with Malta’s constitutional guarantees of due process, fairness, and the separation of powers. It also addresses the increasing legal debate about the FIAU’s dual function as both investigator and adjudicator and whether this concentration of authority violates the principles of impartiality and independent judicial protection outlined in the Maltese Constitution. Through a doctrinal and comparative approach, the dissertation analyses relevant statutory provisions, constitutional case law, and academic commentary, while comparing Malta’s framework with those adopted in the United Kingdom, Italy, and Liechtenstein. It considers the availability of appeal mechanisms, the independence of decision-making bodies, and the degree of judicial scrutiny afforded to administrative sanctions. The research reveals that while administrative enforcement offers flexibility and efficiency in addressing financial misconduct, it poses potential risks to constitutional rights when not accompanied by adequate procedural protections. While aiming for reasonable policy goals, the Maltese system has some worrying issues. This is due to the lack of a clear division between investigation and decision-making, the narrow range of judicial review, and unclear rules about whether the penalties are fair. The dissertation concludes that legislative clarification and procedural reform are necessary to strengthen accountability, ensure fairness, and enhance compliance with constitutional and European human rights standards. It proposes the establishment of a more independent review mechanism, clearer criteria for fine determination, and a more transparent appeals process. These reforms would preserve the effectiveness of the anti money laundering framework while restoring full constitutional compatibility and public confidence in the FIAU’s enforcement process. Description: M.A. Fin. Serv.(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/150651 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/150301 Title: Court delays in criminal proceedings : a violation of the fundamental rights of the accused and the victim Abstract: ‘Justice delayed is justice denied’. The maxim is recited so often in courtrooms that it risks becoming furniture, yet it states, with complete accuracy, the stakes of this dissertation. There are few words more scathing uttered from the lips of lawyers than ‘unfair proceedings’, as a cornerstone of the rule of law, the right to a fair trial is widely recognised as a foundational execution of justice. Courts therefore, are entrusted with the abstruse task of striking a balance between the effective administration of justice and the protection of the rights of the accused and the victim. From the moment a criminal charge is issued, the accused lives under its strenuous weight, his liberty, property, reputation, and peace of mind all struck by the trajectory of proceedings. And the victim of the offence waits, with no less anxiety, for the court to finalise proceedings. A judgement issued too late fails both parties. However, what remedies are provided by our courts once a violation of a person’s right to a fair trial is found? This dissertation examines how the right to a fair hearing within a reasonable time established both by legislation and jurisprudence is defined, applied, and remedied in practice. Moreover, before meaningful solutions can be proposed, it is necessary to examine the root causes of judicial delay. What factors contribute to the persistent backlog of criminal proceedings, and why do such delays continue to characterise the administration of justice? More importantly, does every delay amount to a violation of the accused's fundamental right to a fair hearing within a reasonable time, or are there circumstances in which delays are both justified and necessary to ensure the proper administration of justice? Description: LL.B.(Hons)(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/150301 2026-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/150102 Title: Examination of Roman law classifications of 'diligentia' in Maltese law Abstract: This monograph examines the connection of Maltese Civil Law and Roman Law on the subject of Diligence. By establishing an unbroken legal link between the Code De Rohan and the current Civil Code, as it was never abrogated by French invaders, something known and carefully drafted the Civil Code with that in mind by Sir Adriano Dingli, the provisions which directs the courts to solve any Lacuna in Civil Law through the continental tradition of the Leggi Communi, as well as giving them the power to give Praetorian remedies, remain in force. In Part I, the various degrees of Diligence in Roman Law are categorized into three main branches of Dolo, Culpa and Dolo, and Special Diligence, based on Ulpianus’ categorisation in the Digest, each degree examined, as a means to understand the concept of the Bonus Pater Familias and the variants derived from it. In Part II, the articles that compose the framework of diligence in the Maltese Civil Code are examined, examining the evolution of the ‘Roman’ Bonus Pater Familias to the ‘Continental’ Good Father of the Family, specifically in the context of the Maltese Civil Code, as well as the application of the former’s variants in select nominate contracts. The position is put forward that it is erroneous to conflate the Reasonable Man standard, with the Bonus Pater Familias, being of a completely different autochthone character that derives from the high standard it originally held in Roman Law, with elements that come from the development of the Leggi Communi. Description: LL.B.(Hons)(Melit.) Thu, 01 Jan 2026 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/150102 2026-01-01T00:00:00Z