/library/oar/handle/123456789/64035 2025-12-22T17:22:16Z /library/oar/handle/123456789/64587 Title: ELSA Malta Law Review : Volume 6 : 2016 Authors: Cassar, Liza-Marie; Cauchi, Chantelle; Grech, Michelle; Sciberras Debono, Nicole; Zahra, Luca Abstract: The ELSA Malta Law Review is a student-edited and peer-reviewed law journal published by the European Law Students' Association Malta. The Review is published annually and is independent from the University of Malta. The ELSA Malta Law Review is an open access journal which means that all content is freely available without charge to the user or his/her institution. The ELSA Malta Law Review is included in the Directory of Open Access Journals and also part of the Social Science Research Network's Partners in Publishing programme. 2016-01-01T00:00:00Z /library/oar/handle/123456789/64586 Title: Foreword [ELSA Malta Law Review, 6, 2016] Abstract: I am deeply honoured to introduce the sixth edition of the ELSA Malta Law Review. The ELSA Editorial Board has, with impeccable regularity, provided us with another collection of legal papers of the highest academic quality. One must of course applaud also the authors that have contributed to this publication with a vast array of legal topics that range from migration to cybercrime, the law of copy right and human rights, delving into an infinite variety of legal streams which include civil, commercial, public and private international law. The value of published legal works in our small but vibrant nation is evident to all members of the legal profession and law students alike, but it has become perhaps just as pertinent to all sectors of our society. The Anthropocene Era we live in, has blurred even further the demarcation lines between the various social disciplines. In a society such as ours, where the only constant is change, legal publications such as the one in hand, highlight the incredible versatility of the law. 2016-01-01T00:00:00Z /library/oar/handle/123456789/64585 Title: Editorial [ELSA Malta Law Review, 6, 2016] Abstract: Another year is over and another edition of the ELSA Malta Law Review is upon us. Indeed, the year 2016 marks the publication of the sixth edition of the ELSA Malta Law Review, one of the two books published by ELSA Malta. Six years down the line from its inception, the journal still boasts of peer-reviewed law articles and free online accessibility, making this review a true gold mine for students and professionals alike. 2016-01-01T00:00:00Z /library/oar/handle/123456789/64584 Title: Copyright and digital exhaustion, unanswered questions and uncertain treatment in the EU Authors: Falzon, Deo Abstract: In 2012 the Court of Justice of the European Union delivered a judgement dealing with second hand software and the so called digital exhaustion principle. It was heralded by some and criticised by others, however, despite providing a much awaited insight into the CJEU's interpretation of the digital world the judgment itself was based on some very creative interpretations of relatively old directives which did not quite tackle the uncertainty surrounding the issue of exhaustion. It's extension and interpretation of other forms of digital content remains unclear and the national courts seem to disagree amongst themselves and find some difficulty in interpreting the CJEU's judgment. The situation 4 years after the 2012 judgment is arguably the same, the single market requires clear indications as to whether exhaustion can be extended to digital goods or a clear cut negative response. The mind-set established by some commentaries which interpreted the CJEU's stance in the Allposters judgment to preclude digital exhaustion has been called into question by the Advocate General's opinion in the VOB case whose final judgment is eagerly awaited. 2016-01-01T00:00:00Z