/library/oar/handle/123456789/6125 2025-12-26T05:13:28Z 2025-12-26T05:13:28Z /library/oar/handle/123456789/130193 2024-12-30T10:35:34Z 2012-01-01T00:00:00Z

Title: Insider dealing : a legal analysis Abstract: In line with the goals of market abuse legislation, insider dealing legislation aims at ensuring and enhancing investor protection and stable capital markets. Insider Dealing legislation aims at ensuring that nobody takes advantage of privileged information in order to make a monetary gain which would not have been possible without such information. This study analyses the legislation available which aims at curbing such practices which ultimately undermine investor protection and confidence in capital markets. The study is heavily influenced by U.K Law and European Law. The first Chapter will focus on a review of the history of the prohibition and its origins in the U.K, in Europe and in Malta. In the following Chapter, the actual prohibition will be broken down into all its elements and legally analysed in detail. The thesis will then move on to illustrate and interpret the Maltese position. The European position will be analysed in terms of the current situation with reference to case law and the proposed changes to the current directives together with the introduction of a new directive. The final chapter will discuss the proposed legislation with regard to what should be welcomed and what still needs brushing up. The European position and proposition will be given a Maltese dimension in light of Malta being a leader in the financial services industry and European legislation hits the Maltese industry at its very core especially in the financial sector. Description: M.A.FIN.SERVICES

2012-01-01T00:00:00Z /library/oar/handle/123456789/130178 2024-12-30T10:30:27Z 2012-01-01T00:00:00Z

Title: Does acquisitive prescription violate fundamental human rights? Abstract: Through the study of the various requisites of acquisitive prescription, and the way in which this doctrine has been interpreted by both the local courts and the ECtHR, it was examined whether acquisitive prescription violates the fundamental right to the enjoyment of possessions. Chapter one focused on the general protection of property, both under the Maltese Constitution and the Convention. The way in which the relevant articles have been applied and interpreted was examined. Lastly, this Chapter discussed the way in which Article 1 of Protocol No. 1 to the Convention applies to acquisitive prescription. Chapter two deals mainly with the Pye judgement and its various rulings. Focus was placed on the way the different courts have interpreted the notion of adverse possession in relation to this case. It was interesting to examine the different conclusions the different courts have arrived at, even though ruling on the same matter. The final part of the chapter discussed acquisitive prescription as a control of use. Chapter three dealt with the way the interpretations and conclusions arrived at in Pye could be applied to the Maltese system of acquisitive prescription. It was also examined whether this doctrine and the system of land registration which is adopted in Malta are in contradiction. Does Malta need to make a change with regards to registered land? Chapter four discussed briefly the ten year and thirty-year acquisitive prescription and their special requisites. Focus was placed on the material and intentional elements which the possessor needs to possess. Possession, with all its special requisites, was also discussed. Chapter 5 then discussed adverse possession as developed in both continental law and common law countries. The basic elements involved in each system were discussed. The Chapter concluded by a brief discussion of the instances which interrupt prescription, together with the remedies available to the original owner. It was concluded that even though the doctrine of acquisitive prescription could be viewed as placing a disproportionate burden on the owner, it still plays and important role in society. Notwithstanding this, there still exists room for improvement, such as providing the owner with adequate compensation, or the introduction of penalties for trespassing. Description: LL.D.

2012-01-01T00:00:00Z /library/oar/handle/123456789/130177 2024-12-27T09:52:34Z 2012-01-01T00:00:00Z

Title: The role of international law in maritime delimitation issues involving Malta and their possible resolution Abstract: Malta is situated in an ideal geographical position for seabed and sub seabed oil exploration and exploitation. However every such attempt in the past has met with severe resistance from neighbouring States which have on several occasions halted Malta's attempts in various ways, from sending official protests to sending gunboats and submarines. Where does Malta's sovereign rights over the surrounding continental shelf end? How can these disputes be resolved once and for all so that Malta can truly proceed in its oil exploration endeavours? Description: LL.D.

2012-01-01T00:00:00Z /library/oar/handle/123456789/130126 2024-12-27T06:17:21Z 2012-01-01T00:00:00Z

Title: The legal implications of council regulation (EC) No. 1967 /2006 on the common fisheries policy for the Mediterranean Abstract: This work focuses on the main legislative frameworks dealing with the conservation and management of marine living resources at an International, European Union and national level and the legal implications that arise. The introductory part of this work highlights what will eventually be discussed and analysed in the subsequent Chapters. The first Chapter introduces the subject-matter by providing a brief overview of the international fisheries laws, with particular reference to fisheries rules under the United Nations Convention on the Law of the Sea of 1982 (UNCLOS III) and other relevant international agreements. The second Chapter delves into the current situation in the European Union and how fisheries laws under this acquis seek to keep the fisheries industry in line. An analysis of the Common Fisheries Policy is given prevalence in the course of this Chapter, together with the recent Green Paper and Proposal for the Reform of the Common Fisheries Policy. The legislative framework within the Mediterranean Region, as applicable to the European Union Member States, is examined in the third Chapter. Having established the legal scenario, this chapter then explores the positive and negative impacts which regulations, such as the Mediterranean Regulation which serves as a Common Fisheries Policy for the Mediterranean, have on the Member States concerned. The fourth Chapter provides a brief overview of the regulatory framework within the Mediterranean Region by analysing national laws of particular littoral States. The discussion proceeds to elaborate on the need for coastal States, and also third countries fishing in the Mediterranean, to co-operate in this Region. Attention is drawn to what is being done to protect marine living resources in this area. Taking all the issues discussed throughout this work into account, the final section seeks to conclude the debate with proposals. Description: LL.D.

2012-01-01T00:00:00Z