/library/oar/handle/123456789/2533 2025-11-06T19:11:44Z /library/oar/handle/123456789/130341 Title: Various international legal aspects of iGaming Abstract: Gambling was for centuries prohibited in Malta by law. In civil law no action lies for the recovery of gaming debts and criminal law states that betting or wagering is a contravention affecting public order. Nevertheless a number of states found that if gambling were to be regulated as in the cases of tobacco and alcohol, then taxes could be generated for government treasuries. This intimate relationship between public abhorrence of gambling, tobacco and alcohol and the state's thirst for taxes permeates a number of regulations domestically as well as at the European level. Of course at different times regulation either got stricter or more lax depending not solely on public moral attitudes but also on particular governments' thirst for revenue. This thesis proposes to examine first the difficulties for legal regulation created by gambling through this new means of communication - the internet. The main difficulty of jurisdiction is tackled both from a public and private international law perspective as well as trom a sott law dimension. In Chapter 2 a fundamental distinction is drawn between prohibitory and regulatory challenges to internet gambling. In Chapter 3 the main challenge to regulating remote gaming in the Union is found in two fundamental principles, that is, the principle ot treedom to provide and receive cross-border services and the principle of freedom of establishment. The lack of success of unifying European gambling law is only the other side of the same coin namely the lack ot success at fiscal harmonisation in the Union. In the second part of the third Chapter the six key judgements of the European Court of Justice are analysed as creeping judicial legislation at European Union level. Until unification of European gambling laws EU states have to be wary of not relying absolutely on their own regulatory regimes because the ECJ has created judge- made-law in between. Finally in Chapter 4 Malta's gambling regulations and licences and case-law are closely examined. Description: LL.D. 2010-01-01T00:00:00Z /library/oar/handle/123456789/130337 Title: Trusts displacing wills : a Maltese perspective Abstract: The aim of this thesis is to understand the institute of trusts and the institute of succession, more specifically of wills, and whether the institute of trust can be used as a more effective method of transfer of property then wills. The first part of the thesis is dedicated to understand what is a trust and especially understanding the birth of such institute into the Maltese legislation and how it is compatible with our jurisdiction since trusts were developed under common law. Furthermore an analysis of the characteristics of trusts and the characteristics of civil institutes which are similar to trust is given also in chapter one or this thesis. Through this chapter one, can understand that in fact the institute of trust is not so much alien to our civil jurisdiction as one may think, because although both institutes are not the same one may find similarities in both institutes. In Chapter two the law of succession is discussed, thus allows the reader to understand the concept behind a will and also understand succession in the form of intestate succession. Furthermore under this chapter, I have discussed the reserved portion granted by the law to the surviving spouse children and other descendants which shows that the law is created to ensure that the welfare of the family of the deceased is also provlded for after the death of the deceased. A discussion on how the trust Is constituted and the different types of trusts especially testamentary trusts is provided for in Chapter three, which helps us to understand that there are different trusts which are able to accommodate the needs of the settler whenever he decides to create a trust. Finally an understanding of the taxation of trusts is given in the fourth chapter. The difference between both institutes and the advantages both institutes can provide for those creating such instruments is given in the final chapter of the thesis. Thus givino the reader the tools to decide which better institute is suited for his needs. Description: LL.D. 2010-01-01T00:00:00Z /library/oar/handle/123456789/130332 Title: Money laundering and terrorist financing with particular reference to the insurance sector Abstract: Malta has long strived to develop and improve its financial sector to compete on an international and European level with other leading financial centres. The offences of money laundering and terrorist financing have long plagued both the credit and financial area. The insurance side to it has become more vulnerable in recent years since criminal have discovered a new path through which they can launder their 'dirty' money. Moreover, as time goes by they are fast becoming more creative in that they are choosing newer routes and channels. This thesis is a study of the stance the insurance sector has built on both an International and European level. It delves in to Directive 2005/60/EC and how Malta has had to implement the procedures and obligations laid down by it as our minimum requirements. It also looks into the minimum requirements applied by other European and foreign countries in a bid to seek an enhanced approach to safeguarding the interests of the insurance sector. Description: LL.D. 2010-01-01T00:00:00Z /library/oar/handle/123456789/130223 Title: Maltese legislation mitigating the effects of climate change Abstract: One of the ways of addressing climate change is through mitigation, which consists of actions taken to reduce greenhouse gas emissions. The objective of this thesis is to identify relevant legislation and its implementation in order to determine how Malta is fulfilling its obligations. This leads to an evaluation of what is needed in order to have an effective legal framework for Malta with respect to the issue of climate change mitigation. The first chapter of the thesis gives a brief account of the historical developments that took place In the International scene to address climate change. This is followed by an identification of the sources of Malta's obligations in Chapter 2. Chapter 3 examines the EU ETS Directive and its transposition into Maltese law. The revision of the EU ETS for the trading period commencing in 2013 is also considered. Chapter 4 looks at measures to reduce emissions covered by the EU ETS Directive. These include measures to conserve energy and to promote energy generation from renewable sources. In Chapter 5, the focus is on non-ETS emissions, which are addressed by the EU Effort-Sharing Decision. Attention is given to the various applicable laws and measures that will help Malta to fulfil its obligations in the 'non-ETS sectors', namely: transport, industrial processes and solvent use, agriculture and waste. This then leads to an appraisal of what needs to be done to further assist Malta in reaching its target under the Effort-Sharing Decision. Chapter 6 considers possible requirements for an effective legal framework within which Malta can fulfil its obligations, with particular reference to the prospect of having a Climate Change Act. The concluding chapter presents the main highlights of this thesis. Description: LL.D. 2010-01-01T00:00:00Z