/library/oar/handle/123456789/16647 Fri, 26 Dec 2025 22:49:30 GMT 2025-12-26T22:49:30Z /library/oar/handle/123456789/19112 Title: Appraisal of the case law of European Court of Justice on derogations relating to application of the Birds Directive : Court of Justice case law on the Birds Directive : a critical assessment Abstract: This research project presents an analytic and critical study of an assortment of case law under the Birds Directive, conferred before the Court of Justice of the European Union. Its main focus is Article 9 relating to derogations. Furthermore, reference is made to a number of cases in which Member States have permitted a derogation, stating that they have applied the necessary conditions; in most cases however, the Commission doesn't agree and takes the MS before the ECJ. The interviews with Sergei Golovkin and Joe Perici Calascione and the correspondence with Ion Codescu reveal that article 9 is well-drafted and that obtaining a derogation is a rather difficult endeavour. The first two experts in the area claim that the Birds Directive is not providing for new circumstances and that the notion that all Member States are placed under one article is definitely not working since each Member State is different. Had the directive been clear enough, there wouldn't have been a tonne of case law on derogations. Similarly, Ion Codescu also holds that despite being authorised to do so, the Commission has never submitted any penalties when the Member States failed to follow a judgment by the Court. When speaking in terms of the Maltese judgment against the Commission, it would seem that Malta is applying Article 9(1)(c) well at the moment. It is thus safe to say that a progression has been made seeing that the derogation had not been applied correctly in the past. At present, Spring Hunting is only allowed for two weeks, till noon and hungers can only catch up to two birds per day and four birds maximum throughout the whole season. Furthermore, the surveillance enforced by both the authorities and the NGOs is very strict and rigid. Despite all this, what seems to be somewhat problematic is the fact that the turtle dove is now considered as an endangered species, which has consequently caused the IUCN to call for a moratorium. Description: LL.B. Fri, 01 Jan 2016 00:00:00 GMT /library/oar/handle/123456789/19112 2016-01-01T00:00:00Z /library/oar/handle/123456789/17730 Title: Exploiting EEZ rights : examining the value added of establishing an exclusive economic zone (EEZ) for Malta Abstract: Malta’s Fishing Waters (Designation) and Extended Maritime Jurisdiction Act makes provision for the Prime Minister, through an Order published in the Government Gazette, to claim all or some of the rights of an Exclusive Economic Zone (EEZ). In light of studies and proposals from the EU for the establishment of EEZs in the Mediterranean Sea, this research project looks into whether such a declaration would indeed bring about benefits to Malta. First, it analyses Malta’s current rights over the sea under International Law, including its Exclusive Fishing Zone (EFZ), so as to compare them with the rights provided for in the United Nations Convention on the Law of the Sea, Part V which concerns the EEZ. Upon examination of the law, the different sectors in which rights are granted emerge and each one is considered to determine how these rights translate in practice in view of Malta’s economic and political situation. Malta’s membership in the EU also plays a key role in the way the sovereign rights and jurisdiction conferred under the EEZ regime take effect. In particular, there is considerable potential for Malta in the renewable energy sector, specifically that of bio-fuel from algae and wave energy. The nature of the Mediterranean Sea poses a great hurdle for the declaration of an EEZ as this would require the negotiation of boundaries. The benefits and obligations in the areas of fishing, offshore energy production, jurisdiction over artificial islands and structures, pollution control and data collection were weighed out to conclude that even though an EEZ does bring about considerable benefits, the costs of actually making use of them would preclude economically feasible usage. Description: LL.B. Fri, 01 Jan 2016 00:00:00 GMT /library/oar/handle/123456789/17730 2016-01-01T00:00:00Z /library/oar/handle/123456789/17726 Title: A regional treaty to implement the Mediterranean strategy for sustainable development Abstract: This research project proposes a Regional Treaty to Implement the Mediterranean Strategy for Sustainable Development. It takes as its point of departure the Mediterranean Strategy for Sustainable Development and analyses it and proposes a new legal instrument to follow up in securing the objectives of the Strategy by formulating them into legal obligations. Initially, there is a brief overview of the evolvement of the Strategy from previous legal instruments and the need for a treaty to implement the Mediterranean Strategy for Sustainable Development by first assessing the strategy is deliberated. Next, substantive obligations on the general themes of sustainable development assess the major rights and obligations of states that emanate from current legal sources aiming at the implementation of sustainable development. Then the attention shifts to procedural obligations, financing and reporting which are pivotal for the success of the proposed Treaty. The Regional Treaty in question attempts to provide procedural obligations for countries to integrate and better coordinate sustainable development into their national policies between different levels and sectors of government and other stakeholders. The elements for a legal framework for the main themes identified in the Strategy are then considered and possible obligations and actions for every theme are explored and discussed. Finally, the current and future prospective achievements of the proposed Treaty are underlined and revision every five to seven years is suggested. Description: LL.B. Fri, 01 Jan 2016 00:00:00 GMT /library/oar/handle/123456789/17726 2016-01-01T00:00:00Z /library/oar/handle/123456789/17408 Title: Regulating noise and exhaust emissions from motor vehicles Abstract: This thesis focuses on the regulatory aspects of noise and exhaust emissions from motor vehicles and seeks to identify if there are any lacunae or flexibilities in regulation which need to be addressed. The main areas which are discussed are, firstly, the present framework of regulation in place throughout the EU, discussing Malta and Cyprus in particular, and the US and comparing the situation in the EU and the US. Secondly, exhaust emissions from the source itself and if any advancements can be made in this regard. This is followed by a discussion about the recent Volkswagen case, which has jeopardized regulation concerning exhaust emissions from motor vehicles. This leads to a set of recommendations which, in the light of this scandal, deal with areas which are as yet unregulated or require a change in regulation so as to eliminate any flexibilities which might give rise to the illegitimate or legitimate exploitation of regulation, as has happened in the Volkswagen scandal. Recommendations are also put forward for the regulation of noise from motor vehicles and the issue of reducing exhaust emissions through incentive measures aimed at behavioural change is also discussed. A concluding chapter summarizes the recommendations discussed and ties to the subject of noise and exhaust emissions the need for policy makers to tackle traffic congestion. Description: LL.D. Fri, 01 Jan 2016 00:00:00 GMT /library/oar/handle/123456789/17408 2016-01-01T00:00:00Z