/library/oar/handle/123456789/30955 2026-11-06T21:17:21Z 2026-11-06T21:17:21Z /library/oar/handle/123456789/29447 2018-04-24T08:31:44Z 2017-01-01T00:00:00Z

Title: A historical appreciation of the principles of intellectual property relevant to copyright Abstract: Intellectual property law is facing a new frontier with the onset of further globalisation and further technological development. Copyright is no exception in this regard and with a culture of expanding on the same legal mores in spite of the ever-changing landscape it is pertinent to re-evaluate the underlying principles and events which the regime is based upon in order to prevent obfuscations in the thinking behind the already elusive concept of copyright. A multi-pronged approach is warranted; with a historical appreciation of copyright examined in a Maltese and global context to underline those events which made copyright possible. Apart from this it is also pertinent to examine the underlying concepts of copyright and assess their functioning within different historical eras. Finally it is also worth taking a first principles approach to the theoretical precepts of copyright and intellectual property in general to clarify the salient points which need to be addressed to solve current and future problems within the regime. Description: LL.D.

2017-01-01T00:00:00Z /library/oar/handle/123456789/29410 2019-01-21T14:25:56Z 2017-01-01T00:00:00Z

Title: Pro-Italianism, treason and conspiracy in wartime Malta : a judicial inquiry into deportation & capital punishment as imperial deterrents Abstract: The purpose of this study is to explore the main Imperial deterrents which accompanied the political saga (1939-1942) of the internment and deportation of Maltese nationals prior to the outbreak of The Second World War in Malta, as well as the singular case of espionage in Rex vs. Carmelo Borg Pisani (1942) who, after being convicted of high treason and conspiracy, was sent to the gallows. The paper aims at drawing the juridical implications of the crimes deterred, the juridico-ethical legitimacy emanating from the decisions undertaken by the British colonial authorities and the margin of juridical introspection with which the Courts of Malta witnessed the deportation sans a trial and formal accusation and a deontological assessment of the death penalty imposed on a British subject, a deterrent which only thirty years later was to be abolished by Act XXI. The research sheds light on the tenor of Debates of the Council of Government, reports of the Royal Commission, legislation from the Government Gazettes of the relevant period as well as the contribution of prominent figures such as Hon. Salvatore Cachia Zammit and Hon. Dr. Carmelo Mifsud Bonnici. In so doing, the paper purports to problematise an occurrence from a purely legal focus rather than recreating a historical narration. In tandem with the aforementioned, a re-examination of the 1939 Malta Defence Regulations Act is of paramount importance as well as the doctrine of non-deportation advocated during the discussion of Ordinance No.1 of 1942. Revisiting one of the bleakest chapters in Maltese history has to be a stoical embarcation based upon the premise that the very nature of deportation as a coercive measure, engulfed by colonial exigency and national security; necessarily entailed a commission of a crime, a legal accusation and an adequate opportunity of defence in court. The result was a miscarriage of justice which merely eight decades later is to be reexamined in light of Beccaria’s theory on the effectiveness of punishment, fundamentality of rights as a fledgling concept and the deontological assessment of Royal deterrents, including the death penalty. Description: LL.B

2017-01-01T00:00:00Z /library/oar/handle/123456789/29012 2024-02-15T09:32:42Z 2017-01-01T00:00:00Z

Title: The development of notarial acts in Malta : a comparative and historico-legal study Abstract: The research here conducted provides an extensive outlook on the state of the notarial profession from 15th-century Malta to the country’s colonisation by the British Empire in the beginning of the 19th century. A legal analysis is undertaken to help the reader understand the significant changes that have been brought by the reforms enacted throughout the centuries by the Grand Masters of the Order of St John and the legal contributions made by Sir Adriano Dingli during Malta’s colonial era. The aim of this research is to ultimately instill into the reader an appreciative approach towards Malta’s past and towards the great historical value that the acts in the Notarial Archives possess, whilst contributing to existing knowledge of the history of the notarial profession as well as raising awareness on the rich heritage that our island has to offer. Description: LL.B

2017-01-01T00:00:00Z /library/oar/handle/123456789/28693 2018-04-24T13:29:41Z 2017-01-01T00:00:00Z

Title: Treason in Maltese law : revisited Abstract: This Term Paper is meant to survey the law of “treason” under the Maltese Criminal Code and related provisions in the same codification in the light of relevant special legislation. Given that a whole thesis has already been devoted to this topic some thirty years ago and given that there have not been any amendments and given that there is a dearth of cases on the matter, I will be humbly attempting to touch on a number of issues or themes on the subject. In a nutshell I will be treating the subject-matter thematically. Focus will be had on the differences between the notion per se and the notion when it is brought to bear and into effect. Description: LL.B

2017-01-01T00:00:00Z