The implementation of Malta's international obligations in the light of the National Interest (Enabling Powers) Act

Abstract

This thesis is emphatic on the implementation of Malta's international obligations. Conscious of the lack of literature on the matter within a Maltese legal system, this thesis attempts to elucidate the position of Malta in this respect. The generic concept of international obligations embraces diverse kinds of international obligations. This author has limited herself to a meticulous analysis of implementation within the spheres of customary international law and treaty law respectively. Such a restriction is preferred for it permits a more detailed study. This divide serves however an ulterior motive. The classification aptly illustrates the different methods employed in the respective implementation of customary international law and treaty law. A comparative law exercise has been engaged in, with the objective being that of displaying the various modalities of implementation worldwide. This is not the sole aim hoped to be attained through this exercise. This comparison of state practices serves as a benchmark against which Malta's position may be assessed. The scrutiny of Malta's international obligations and the implementation thereof are set within the framework of the National Interest Act. The latter Act is indeed the leitmotif of the thesis. This recent Act (enacted in 2000) provides a legal basis for the implementation of Malta's international obligations. The National Interest Act envisages three principal substantive provisions. These address the implementation of treaty obligations and of mandatory measures under Article 41 of the United Nations Charter, better renowned as sanctions. The third provision provides for the prohibition of trade and travel when this is deemed in the national or international interest of Malta. Whether this provision qualifies as an adequate legal vehicle for implementation is subject to discussion. Intimately linked to the National Interest Act is the notion of delegated legislation and the legal implications which arise therefrom. Because of such a possible nexus, a study of delegated legislation with reference to the National Interest Act has also been undertaken.