https://www.um.edu.mt/library/oar/handle/123456789/5065 Tue, 21 Apr 2026 02:09:44 GMT 2026-04-21T02:09:44Z https://www.um.edu.mt/library/oar/handle/123456789/15921 Title: Magister Juris in European & Comparative Law 2009 Abstract: A list of the dissertations in Magister Juris in European & Comparative Law submitted in 2009 Description: M.JURIS.EUR.COMP. Thu, 01 Jan 2009 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/15921 2009-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/5111 Title: Harmonization of the concept of parental responsibilities in European family law Abstract: This thesis explores the concept of parental responsibilities as understood in the different EU Member States and also in International and European instruments. In the light of the whole debate currently taking place regarding a Europeanization of family law, this thesis seeks to establish whether convergence in the area of parental responsibilities is an oversimplification due to different cultural histories or whether a ius commune is emerging and that further harmonization is necessary in order to realise a better set of rights for all, especially the most vulnerable. The thesis will introduce the subject with a brief outlook on the current move towards harmonization in family law and a brief history of the main developments of children's rights. The first chapter seeks to establish the different views and opinions regarding harmonization in this area and throws a spotlight on the CEFL and its contribution to the subject of Parental Responsibilities. The concept itself of parental responsibilities is a central issue. The second chapter gives an overview of the concept as dealt with in a number of International legal instruments and different Member States. Aspects of the concept are compared as they result from the detailed questionnaire presented to the different Member States and the Principles drafted on the basis of these questionnaires. The thesis delves into whether there is convergence of the contents of the concept or whether there are differences which can lead to detrimental affect on the rights of the child. The concept has to be interpreted in the light of certain rights which are common in all jurisdictions and legal instruments. In the next chapter then the thesis tackles the issue of who are the holders of these responsibilities and what happens after parental separation. Chapter 4 then focuses on the two main instruments towards the harmonization of the concept namely the CEFL Principles and Council Regulation 2201/2003 - the machinery for the mutual recognition of Family Law judgments through which continues the 5 harmonization of the rules on jurisdiction and on the recognition and enforcement of all judgments on parental responsibility. The thesis will try to establish whether further harmonization of the concept of parental responsibilities is a utopian plan, just a dream in the eyes of those in favour or whether indeed the time is ripe for further initiative in the area. Description: M.JURIS. Thu, 01 Jan 2009 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/5111 2009-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/5110 Title: Non-Conventional trademarks under EC and Maltese law Abstract: The dissertation seeks to analyse 'non-conventional trademarks' under EC as well as Maltese law. These are any marks which do not come under traditional categories of trademarks such as letters, words, logos, numerals, pictures and symbols. The main non-conventional trademarks analysed in detail in the dissertation are those marks which may in themselves be visually perceived (colours and shapes), as well as those which cannot in themselves be visually perceived (sounds, smells and tastes). The latter category gives rise to certain problematic issues which are examined in detail and fully explained. Other (rarer) non-conventional marks like tactile marks, holograms, movements and gestures, video and animation as well as concepts are also studied and illustrated. Each mark mentioned above is analysed in the light of the definition of a trademark under EC and Maltese law. In each case therefore, a study is undertaken to examine whether or not the non-conventional mark in question qualifies as a sign which is capable of distinguishing the goods and services of one undertaking from those of other undertakings and whether or not the mark in question is capable of graphic representation. Other legal requirements including the absolute grounds of refusal on the basis of lack of any distinctive character as well as descriptiveness are also discussed where appropriate. All the above is analysed with reference to many relevant judgments delivered by the European Court as well as decisions laid down by The Office for Harmonization in the Internal Market (OHIM). The Maltese position is also evaluated throughout this work - from both a legal as well as practical perspective. The author finally examines whether or not any legal intervention is necessary. Description: M.JURIS. Thu, 01 Jan 2009 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/5110 2009-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/5109 Title: A review of the harmonisation of environmental criminal law in the European Union Abstract: In this research I look at the enforcement of environmental law within the European Union with particular focus on the latest development, that is, on Directive 2008/99 on the protection of the environment through criminal law. Environmental Law and its enforcement is quite a new area in the competence of the EU and thus it is still being developed. This study is divided into five chapters each dealing with different aspects of environmental criminal law and recent developments. In the introduction, I study at the background and history of environmental law in the EU. I delve into the various articles that give power to the EU to regulate environment offences and the various instruments which are related to Directive 2008/99. An important part of this chapter is dedicated to the issue which arose between Council and Commission on who has authority to legislate on such matters and the decision delivered by the European Court of Justice. This issue has its roots in the Framework Decision 2003/80/JHA. To really understand the importance of having harmonisation within the EU one has to understand how environmental offences are punished in the various Member States. This is tackled in Chapter 1. In this chapter I discuss the various studies done in the run up to Directive 2008/99 and their outcome. This highlights the divergences that exist between Member States. These differences show the importance of having a uniform body of environmental law especially where penalties are concerned in order to avoid forum shopping. This research focuses more on the criminal aspect of environmental crimes and criminal penalties. However, in Chapter 2 I examine other possibilities of punishment and the relationship that exists between administrative and criminal law/enforcement. In this chapter, I go through the advantages and disadvantages of having administrative procedures and penalties for environmental crimes and whether such administrative ways are efficient or not when compared with criminal ones. This chapter also goes briefly into issues such as what happens in technical breaches. In the ensuing chapter, that is, Chapter 3 I focus on the newly adopted Directive 2008/99 which provides for environment protection through criminal law. It is the first instrument which up till has been successful in harmonising criminal law in respect of environmental law. Although, before its adoption there has been other instruments such as the 1998 Convention and the Framework Decision they have failed to be put in place and enforced. Directive 2008/99 is to enter into force in all Member States in December, 2010. This chapter deals with the various articles of the directive, how effective they may be and any shortcomings of the directive. This chapter includes a comparative examination of In the concluding chapter, I reflect on the previous four chapters and see what ways in the future can be adopted in the future to enhance environment protection through criminal procedure and also by using other measures. Description: M.JURIS. Thu, 01 Jan 2009 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/5109 2009-01-01T00:00:00Z