Historico-legal aspects of passport under Maltese law

Abstract

The aim of the thesis is to examine the historico-legal developments of the Maltese passport system and the passport during the last century namely from about 1900 onwards. The first chapter attempts to give a definition to Passports. The absence of one clear definition has left the door open to various international juridical interpretations of the nature of the passports. Initially reference is made to the United Kingdom passport system and then to the works of the various international organisations which have made extensive contributions to the international regime of passports and related travel documents. The approach continues with an examination of the right to travel as a human right. The second chapter deals with the sources of Maltese passport legislation. The story goes back to 1815 where prior to the existence of passports a person required a Bill of Health to leave the Island. Subsequent to the First World War and in the backdrop of the vast developments on the international plane, the British enacted the first passport legislation for Malta. The Passport Ordinance of 1928 and the amendments which followed brought about the introduction of the modern passport. The third chapter explores the security features and other methods which render the passport tamper proof. Reference is made to the first security features, advanced security features and the introduction of biometric data in travel document. Furthermore, the Passport Ordinance, the Criminal Code and recent case law attempt to restrict falsification practices. The fourth chapter shows that there are categories of people, who because of their calling or status, in order to fulfil their functions, are in need of some special travel document other than the standard national passport. In addition, the chapter treats refugee and stateless persons who are beneficiaries of humanitarian law. Finally, the v chapter deals with the international aspects concerning passports such as recognition, deportation as well as the issue of dual nationality under Maltese law. The last chapter examines the latest amendments to the passport legislation with particular reference to European Union Directives, the Schengen Agreement and the Visa Waiver Programme which have to a large extent modified and modelled modern Passport requirements. An attempt to discuss future proposals for Passports is also made.