Is the existent legal framework sufficient to curb the illicit trade of tobacco products in Malta?

Abstract

This thesis deals with illicit trade in tobacco products where its primary objective is to determine whether the existent legal framework in Malta, including those International legal instruments to which Malta is bound by, is sufficient or otherwise to counter this illicitly traded commodity. Indeed, illicit tobacco trade is a daunting problem and it has always been a major issue across the globe. Due to its cross-border occurrence, illicit trade in tobacco products is deemed to be transnational in nature. Illicit tobacco trade poses adverse effects on government revenues, undermines health policy initiatives while it also causes harmful consequences on consumers' health due to the saturation of counterfeit and sub-standard products. Additionally, it also threatens public safety owing to the fact that the profits generated from such illegal trade are considered as means of fuelling terroristic groups as well as organised crime groups. The enforcement of law carries a strategic value in order to fight against illicit trade in tobacco products. In Malta, only the Malta Police Force is a law enforcement authority, nevertheless it is backed up by the Armed Forces of Malta and the customs officials, the latter being entrusted with border controls which is crucial for the purpose of detecting illicit trade and, eventually prevent it both from entering into Maltese market as well as from being circulated into other States. For this purpose, this thesis will be divided into six chapters. The first chapter will provide an overall analyses to the subject as a multi-faceted issue. The second chapter will focus on the International legal framework consisting of cross-sector and specific-sector justice treaties, some of which have not been conceived to counter illicit tobacco trade but may still be utilized for such rationale. The third chapter will discuss the salient features found in the Protocol to Eliminate Illicit Trade in Tobacco Products, it being the first Protocol of the WHO FCTC while the fourth chapter will take into account the European Union's agendas on anti-illicit tobacco trade initiatives. In order to complement the aim of thesis, as well as to ensure that the objective of the law is achieved, the fifth chapter will deal with enforcement powers which are attributed to enforcement authorities in Malta. Finally, the sixth chapter will comprise of concluding remarks drawn up by the author including any relevant recommendations.