A flag state perspective of international maritime environmental treaty law : helped or hindered by development of community law?

Abstract

With its geostrategic location in the middle of the Mediterranean Sea, Malta has long been associated with the maritime realm and is critically dependent on it for transport, tourism, recreation and for the wellbeing of its inhabitants. Recently joining the EU, it has important geopolitical maritime interests in the form of a large global merchant fleet. The aim of the study was to investigate whether legislative developments in the European Union assist or detract from Malta's contribution to better international maritime environmental law. The objectives of the research were to identify whether the participation of Malta in the EU discussion and negotiation process is complimenting its participation in the UN multilateral negotiation process; how the accession to the EU has affected its participation; and to explore possible ways of leveraging the EU process in favour of further pragmatic solutions in formulating UN multilateral instruments. A qualitative strategy was designed to research these aims. A purposive sample of four persons from within the Malta Government, covering the broad political and technical aspects of the Malta government policy-forming structures, as well as another three persons from the European Commission, the International Maritime Organisation and the Ministry of Foreign Affairs, voluntary participated and this sample was selected to give a broad politico-technical perspective of the Maltese policy-making process and its impact on the legislative process. The study found that political coherence and consistency are supportive of the pragmatic application of policy, as well as the presence of elements of the maritime and environment policy coordination processes as a precursor to generation of appropriate treaty law. The continued credibility of Malta as a player in the EU and international legislative realm is dependent on the consistency demonstrated in the national positions and such consistency will require better, broader face-to-face coordination. Moreover, the research identifies that personal initiative is of the essence, as well as that quality of resource applied at the lower policy-forming levels. The expansion of the coordination process within the maritime and environment processes as well as the extension into other policy areas coordinated by the Government could be beneficial to Malta. The study implications are that in the light of changes in the EU policy processes, further resources would be necessary for this to be satisfactorily achieved and maintained.