Crisis in Syria

  • Cristine Christodoulou
  • December 22, 2014
  • 13 min read

What will happen next? (1) THE ATTACKS WHICH SHOCKED THE WORLD The ongoing Syrian civil war began in March 2011 and whilst there were continuous armed conflicts between the forces loyal to the Ba’ath government and those seeking to overthrow it, an international input was not required to intervene up until the recent events of […]

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Child Piracy in East Africa

  • Ariane Aquilina
  • December 22, 2014
  • 9 min read

Modern day piracy is a crime that may be prosecuted under universal jurisdiction. The United Nations Convention on the Law of the Sea defines piracy as consisting of: (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship […]

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Capital Punishment

  • Jeremy Buttigieg
  • December 22, 2014
  • 7 min read

Is it a Deterrent?  A HISTORICAL OVERVIEW OF CAPITAL PUNISHMENT IN MALTA The final execution at the Corradino Prison took place on 5 July 1943, wherein Karmnu Zammit and his brother Guzeppi were hanged as they were found guilty of murdering Spiru Grech of Zabbar. In 1934 a new law was promulgated,1 by which a […]

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Basic Principles on Trust in Maltese Law

  • Dr Anton Micallef
  • December 22, 2014
  • 26 min read

DR ANTON MICALLEF1 This article is intended to set out the key principles regulating and establishment of a trust governed by Maltese Law (Malta Trust). This piece was neither conceived nor has it been written with the view to be a treatise on the Maltese law on trusts. It is motivated by the frequent and […]

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Asylum Seekers and the European Courts

  • Vanessa Gatt
  • December 22, 2014
  • 5 min read

Upholding Human Rights vs State Politics Amid stories of under-investigated crimes committed against asylum seekers, and amid reports of refugee segregation within certain Swiss towns imposing restrictions to the immigrants’ free movement,1 the European Courts have been adamant in their quest to ensure that asylum seekers’ fundamental human rights remain inalienable regardless of their political […]

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Anti-Money Laundering

  • Dr Sarah Grima
  • December 22, 2014
  • 5 min read

Know Your Customer Money laundering is a reality. It has become today one of the chief concerns of all governments – and so it should be! It is NOT merely financial institutions and large organisations which may fall victim to such offence, but any individual who provides services to another in return for remuneration. But […]

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An Overview of the Kadi CJEU Case Law 

  • Ariane Aquilina
  • December 22, 2014
  • 9 min read

An Overview of the Kadi1 CJEU Case Law  On 15 October 1999 the UN Security Council adopted Resolution 1267 aimed at condemning terrorism and demanding that the Taliban turn over Osama bin Laden. Paragraph 4(b) of this Resolution declares that states must:  Freeze funds and other financial resources, including funds derived or generated from property […]

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An Issue of Quasi-Contract 

  • Michelle Camilleri
  • December 22, 2014
  • 5 min read

Micallef vs Gravina1  In this case plaintiff is asking defendant to pay back maintenance, which he had paid to her as curator of her minor child. The parties separated by means of a court judgment given on the 30 June 2004 whereby plaintiff was ordered to pay defendant adequate maintenance as fixed by the Court. […]

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Actio Surrogatoria 

  • Michelle Camilleri
  • November 22, 2014
  • 3 min read

Anthony Micallef vs Paul Balzan  The facts are as follows:  – By means of a promise of sale (konvenju) dated 10 May 1993, Paul Balzan and Richard Camilleri promised Anthony and Raymond Farrugia a portion of land in Zebbug, divided into plot 1 and 2. On 23 August 1993, Anthony and Raymond Farrugia promised to […]

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Online gaming is considered to be ‘the fastest growing service activity’1 and has an estimated annual growth rate of 15%. One of the issues faced by leaders and officials within the EU is whether it is more convenient for gaming to be regulated by a common legal framework or whether each Member State should be […]

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