The international legal aspects of the Maltese Constitution

Abstract

Maltese Constitutional Law and International Law operate in simultaneous conjunction and reciprocal tension. International Law and Maltese Constitutional Law are two circles in a difficult tension which may tend to seem to be one. It may be said that International Law is the body of legal rules that apply between sovereign states and such other entities that have been granted international personality: such status acknowledged by the international community. The rules of International Law are of a normative character, that is, they prescribe towards conduct, and are potentially designed for authoritative interpretation by an international judicial authority and by being capable of enforcement by the application of external sanctions. The commands of International Law must be those that states impose upon themselves, as states must give consent to the commands that they will follow. It is a direct expression of raison d'etat, the "interests of the state", and aims to serve the state, as well as protect the state by giving its rights and duties. This is done through treaties and other consensual engagements which are legally binding. The case law of the International Court of Justice is an important aspect of the United Nation's contribution to the development of International Law. It's judgements and advisory opinions permeates into the international legal community not only through its decisions per se, but through the wider implications of its methodology and reasoning. The following study will attempt to scrutinise specific notions found within the Constitution of Malta, from an International Legal perspective, by means of reference being made to the above-mentioned sources, amongst others. In fact, Chapter 1 will be dealing with the Evolution of International Law, whilst Chapter 2 deals with the principle of Municipal Law in Relationship with International Law. Chapter 3 will analyse the notion of Neutrality, whilst Chapter 4 and Chapter 5 will both deal with the State per se; the former entitled State Territorial Sovereignty and the latter entitled State Responsibility. The penultimate Chapter, i.e. Chapter 6, deals with the principles of Nationality and Citizenship, whilst Chapter 7, the last Chapter, deals with Fundamental Human Rights.