The creation and codification of a legal framework for fair trade in Malta

Abstract

The concept of fair trade is based upon a global movement which targets producers in developing countries allowing them reasonable trading and working conditions. As a consequence to the amplification of fair trade, and with the help of existing international legal frameworks, countries all over the world are now considered to be valuable contributors to the movement in question. In the countries where fair trade is provided for by law the movement proved to encourage awareness in conventional businesses in relation to their social and environmental impacts and responsibilities. This resulted in the movement’s burgeoning demand. Despite this, the lack of governmental aid and legislative lacunas on the topic, exert a rigid restraint on the growth and effectiveness of fair trade and limits the potential of short-term and long-term results. In reviewing parts of the relevant legislation on fair trade, its principles and legal frameworks, the author intends to explore and question the lack of legal disposition towards this manner of trading. Since the key element of fair trade promotes norms that are vital to the articulation of human welfare, this term paper delves into the human rights aspect of the movement. The author dedicates substantial parts of this research paper in order to address the possible growth and support of fair trade on a local scale, and presents opportunities to enhance the effectiveness of the movement. The world rests upon the collective responsibility of its countries and with proper legal frameworks, Malta could assist in securing the rights of marginalised farmers, producers and workers. Towards the end of this paper, the author proposes a number of suggestions that could be implemented locally in order to support fair trade through national procedures and governmental initiatives.