This article was originally submitted as a seminar paper as part of the Philosophy of Law study-unit (CVL1024) and is being reproduced on the OLJ with the author’s permission. In it, Laura Chetcuti Dimech explores the application of the right of habeas corpus from an international law perspective and the enforcement issues this gives rise […]
This article was originally submitted as a seminar paper as part of the Philosophy of Law study-unit (CVL1024) and is being reproduced on the OLJ with the author’s permission. In it, Thomas Cilia presents the two doctrines of legal monism and dualism in international law and explores their validity in today’s legal world. Thomas Cilia, […]
In this article, Martina Calleja delves into detail on the legal and customary principle of non-refoulement. This principle is explored from an international, EU and Human Rights perspective together as an obligation on a State receiving immigrants. This article shows how the principle of non-refoulement is a safeguard for migrants. Martina Calleja, ‘The Principle of […]
In this article, Vincent A. De Gaetano elucidates the meaning and significance of the Rule of Law in the light of international instruments and historical events, and assesses the Maltese legal landscape in this context. Brought to you here are chosen extracts on the advice of the author as an indication of the article’s drift. […]
In this article, Dr Kathleen Vella will analyse the definitions of genocide and crimes against humanity, provide a brief contextual introduction to ISIS and the atrocities it has committed against the Yazidis. She will also examine the legal challenges in prosecuting perpetrators and propose the best forum wherein the perpetrators acting on behalf of ISIS […]
In this article, Mr Cutajar takes a look at the mechanisms used by the World Trade Organisation in resolving trade-member disputes, the recent political decisions which have rendered the Appellate Body unable to function, as well as possible changes to address such an anomaly. Sean George Cutajar, ‘The WTO Appellate Body Crisis… and the Possible […]
Upon ratification of the 1958 New York Convention, on the 22nd of June 2000, Malta has several international prerogatives it must consider in the recognition and enforcement of foreign arbitral awards. Indeed, Mr Portelli sheds light on this concept. Sean Portelli, ‘The Republic of Malta & the 1958 New York Convention: the Recognition and Enforcement […]
Palestine and Israel: the conflict in the Middle East has been going on for decades, resulting in a significant loss of human life. The issue has been of concern to the international community since before the founding of the State of Israel, over sixty years ago; however, with the State of Palestine formally joining the […]
Ariane Aquilina, ‘An Overview of the Kadi CJEU Case Law’ (Online Law Journal, 22 December 2014). 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 […]
Ariane Aquilina, ‘Child Piracy in East Africa’ (Online Law Journal, 22 December 2014). 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 […]
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