/library/oar/handle/123456789/134323 2025-12-25T08:16:59Z 2025-12-25T08:16:59Z /library/oar/handle/123456789/129965 2024-12-17T08:48:56Z 2012-01-01T00:00:00Z

Title: Foreword [ELSA Malta Law Review, 2, 2012] Abstract: A short while ago I gladly accepted to peer review one of the contributions featuring in this issue. It is also an honour and a pleasure to have been asked to write this foreword. In cases like these, the purpose of a scholarly peer review is to submit an author’s contribution to the scrutiny of others who are experts in the same field prior to publication in a journal. The peer reviewer chosen has to be well qualified in the field, as well as capable of carrying out an impartial review. The work may be accepted, rejected, or considered acceptable subject to revisions being made before publication. I sought to do just this in my peer review, and therefore trust that the comments I made served to make the contribution even more complete.

2012-01-01T00:00:00Z /library/oar/handle/123456789/129964 2024-12-18T13:15:09Z 2012-01-01T00:00:00Z

Title: Editorial [ELSA Malta Law Review, 2, 2012] Abstract: As Editor in Chief, it is a great honour to present this second edition of the ELSA Malta Law Review published by the European Law Students’ Association in Malta. This year’s edition contains eleven contributions touching on topics ranging from European Union law to the global financial crisis. The predominant transnational accent to most of these contributions attests to the European character of this journal. The ELSA Malta Law Review has proved again that it can serve as a platform for the publication of scholarly writing by students, young practitioners, and academics alike.

2012-01-01T00:00:00Z Avellino, Roberta /library/oar/handle/123456789/129963 2024-12-17T08:28:36Z 2012-01-01T00:00:00Z

Title: State responsibility for trafficking in persons and human rights violations Authors: Avellino, Roberta Abstract: Although the International Law Commission’s Draft Articles on Responsibility of States for Internationally Wrongful Acts (hereinafter referred to as the ‘Draft Articles’) have been proclaimed as a significant advance in international law, ‘it is not clear to what extent the Draft Articles accurately reflect human rights law’. Therefore, the relationship between human rights law and the basic concepts and rules of State responsibility must be examined, in view of its actors and stakeholders. What are the duties and obligations of States in terms of human rights law? As Crawford rightly asks, how does the ‘continuing international discussion and application of human rights law relate to the fundamental structure of the law of State responsibility?’ Certainly, the international arena has witnessed great progress in the development and promotion of human rights and the implementation thereof, as States are ‘no longer ‘free’ to do as they will in the domestic sphere’ but are compelled by international law to protect individuals from the violation and abuse of such. Nonetheless, millions of people still fall victim to human rights abuses and thus, generate an urgent call for the better enforcement of human rights law and the prevention of such repulsive circumstances.

2012-01-01T00:00:00Z Azzopardi, Annalies /library/oar/handle/123456789/129813 2024-12-11T10:43:09Z 2012-01-01T00:00:00Z

Title: The contribution of EU directives to the objective of consumer protection Authors: Azzopardi, Annalies Abstract: From relatively slow beginnings, consumer policy within the European Union (hereinafter the ‘EU’) has today taken hold to such an extent that there is now even a Commissioner and Directorate General within the Commission whose portfolio is solely dedicated to Health and Consumers. Initially, the consumer was scantly referred to in the Treaty establishing the European Economic Community; it was thought that the consumer would simply benefit from the process of European integration. With successive amendments to the EU’s constitution, references to the consumer increased and eventually a proper legal basis on consumer protection was included. Legislation harmonising national laws in the field of consumer protection emerged,4 which in turn spawned consumer protection legislation in Member States. There is today a preponderance of European measures claiming to protect the consumer, with legislative measures taking the form of both Directives and Regulations. As the title clearly suggests, this paper will only consider the contribution of EU Directives to consumer protection, and not that of other instruments, such as Regulations. In addition, due to space constraints, product safety, product liability, labelling, sectoral advertising and protection through the provisions of the Treaty on the Functioning of the European Unions (hereinafter the ‘TFEU’) on free movement and competition provisions, which are vast and self-contained topics, will not be considered.

2012-01-01T00:00:00Z