Geraldine Spiteri

Malta to recognise trials in absentia in the EU

Fri, 13 Jun 2008 13:28:47 GMT

Maltese courts will start recognising court judgments in trials held in absentia in other EU countries following an agreement reached by EU Justice Ministers.

Malta took a favourable position on the proposal "after ensuring that certain safeguards were provided for in the final Framework Decision," a spokesman for the government told The Times.

"Although Maltese criminal law does not provide for the notion of in absentia - since in terms of the law the presence of the accused must be assured throughout the proceedings - in absentia trials and judgements in foreign jurisdictions are recognised, subject to limitations, by Maltese courts," the spokesman said. According to the government, the limitations included in the text of the new rules ensure that the accused or convicted person must be summoned in person to appear for the trial and that a retrial or review is available to persons who have been judged in absentia.

In the EU, some member states, notably Italy, frequently try defendants in their absence but the practice is not allowed in other EU member states including Malta.

The agreement will now enable judgments to be accepted across the 27 member states.

This is expected to affect three pieces of existing EU legislation which are not working properly owing to uncertainty in some countries about whether to recognise in absentia judgments. These include laws obliging member states to enforce financial penalties and confiscation orders handed down in other EU countries, as well as to enforce European arrest warrants connected to in absentia cases. The deal will also affect proposed legislation on the enforcement internationally of prison sentences and probation measures.

According to the Maltese government, the recognition of in absentia judgements is not completely new.

"Under the European Arrest Warrant rules, that came into force in 2004, there already exists the possibility for member states to surrender a person on the basis of a judgments handed down in his absence if certain conditions are met," the spokesman said.

The deal struck by EU Justice Ministers was not well received by the European Criminal Bar Association (ECBA) which stated that the new rules would make it harder for member states to resist unjustified requests for their nationals to be extradited to other EU countries

www.timesofmalta.com

European Parliament under pressure for shunning open software

Fri, 30 May 2008 07:01:02 GMT

The European Parliament is discriminating against EU citizens by using software which is not freely available to everyone for its digital services, according to the open source community. But Parliament cited technical and security reasons to justify its decision.

Several free software associations yesterday (21 May) launched a petition calling on the European Parliament to use open standards in order to provide all EU citizens with "non-discriminatory" access to its representatives and documents "irrespective of software choices".

The petitioners explicitly refer to the live web streaming of the European Parliament's plenary sessions, "which is currently only available to those using Microsoft's MediaPlayer". They argue that by using exclusive non-interoperable software, the European Parliament is not allowing all citizens to follow its work and is obliging them to buy software from a single company.

This "ICT lock-in" is deemed to be "in conflict with the first article of Chapter 1 in the Treaty of the European Union, which stipulates that 'decisions are taken with the greatest possible respect for openness and as near as possible to the citizens'," reads the petition.

A Parliament press source told EurActiv that the use of open source software is avoided by MEPs because it is perceived as less secure against hackers. On the other hand, the technical support provided by the selected software companies is considered highly important to carry out digital services in the 23 official languages used by the Parliament.

The European Commission uses open source software for a range of activities. Linux is used for server operating systems and the external blog platform is based on free programs, like for its wiki service and for the eVoting polls. At the same time, the Commission uses software from Microsoft and Oracle to run other services.

Alongside the petition to the European Parliament, the pro-free software Digital Standards Organisation (Digistan) yesterday (21 May) signed the Hague Declaration , which calls for open standards to be used in all government procurement.

The same day as these initiatives were launched, Microsoft announced that it will improve the interoperability of its flagship Office software suite with open standard formats. The move comes as the European Commission is carrying out an extensive investigation on Microsoft's alleged abuse of its dominant position in the EU market.

Background

The European Parliament has endorsed EU research on open source software but has never applied it to its digital services. Meanwhile, the Commission uses a range of free software on its blog platform and for other IT activities.

The Commission officially supports the development of open source software. In a recent study commissioned by a UN research centre, the EU executive outlined the economic importance of free programs for European enterprises

See: Euractiv News 22/5/2008 for more information.

Renowned Maltese Maritime expert recognised for contribution to IPCC

Thu, 29 May 2008 14:40:10 GMT

Professor David. J. Attard, director of the International Maritime Law Institute (I.M.L.I.), the brainchild of the IMO, has won recognition for his valuable contribution to the work of the Intergovernmental Panel on Climate Change (IPCC), which was awarded the Nobel Peace Prize last year.

"The credit for the Nobel Peace Prize which was bestowed on the IPCC last year goes to him and other colleagues who have contributed so admirably to the work," IPCC chairman Rajendra Kumar Pachauri told Prof. Attard.

Prof. Attard has been presented with a copy of the award certificate for the Nobel Peace Prize 2007, which was given "only to those who have contributed substantially to the work of the IPCC over the years since the inception of the organisation".

The International Maritime Law Institute said it was Prof. Attard who in August 1988 proposed to the Prime Minister of Malta the need to take global action to protect global climate.

The government took the initiative which led to the unanimously adopted UN General Assembly Resolution entitled Protection Of The Global Climate For Present And Future Generations Of Mankind.

In the resolution, the assembly requested the secretary general of the World Meteorological Organisation and the executive director of the United Nations Environment Programme, utilising the Intergovernmental Panel on Climate Change, to immediately initiate action leading, as soon as possible, to a comprehensive review and recommendations.

The Maltese proposal culminated in the 1992 UN Convention on the Protection of Climate adopted at the Rio conference on Environment and Sustainable Development

Professor Attard also participates in propagating knowledge of and love for the law of the sea, both at IMLI and at the University of Malta, as well as in other places around the world where he lectures from time to time. We are convinced that this award is more than well-deserved and wish to extend our congratulations.

Photo shows Prof Attard awarding IMLI Graduation Certificate to Dr. Geraldine Spiteri in May 2007.

Greece supports shipowners by removing capital levy on shipping companies

Mon, 21 Apr 2008 12:47:41 GMT

Greece is trying to further its support to the shipping industry by possible removing a capital levy which currently is imposed on shipping companies. This will be a welcome development for the shipping industry in this already large shipping country. One of the aims of this measure would be to repatriate those shipping companies which currently operate from the UK. However further guarantees will be required such as flexibility on the part of the Government, before this is achieved. Greek representatives of shipping companies in the UK have claimed that, provided the right frameworks are in place, shipping companies will in fact return to Greece.

Tax incentives are a very good way to attract business, but these have to be followed up by measures that will ensure that the country's Registry is one which is looked on with approval by other States. Failing this, a registry will obtain the reputation of being a registry of convenience, and other ports will not be very willing to allow ships to enter and leave their ports. A reliable shipping registry means that, while flexibility and a light touch regime are available on the side of levying, taxes and dues, the regulatory aspect is one of strict control. These controls generally include control of compliance with certain international standards relating to operation, safety and security and preservation and protection of the environment.

The yachting industry and marinas

Wed, 16 Apr 2008 11:23:37 GMT

My attention was recently drawn to this article. At present, I am rather annoyed with the state of filth at marinas in Malta. During a recent visit to Sicily, I found the waters in a very enclosed marina to be clear, and the managers there still were a bit worried that it was not sufficiently clear. I was informed that people could swim there - and actually they did - and that the have filters for anything that was removed from the boats: waste water, drainage, etc

In Malta, particularly the Msida Marina, the filth of the waters is untenable, as well as being very harmful to the surrounding areas. In Msida, the water is black and stinks to high heaven. During the winter, my boat suffered plenty of rainfall and partly sank: you would not imagine the volumes of, literally, black sludge that had to be churned out. This was no mean feat, and definitely for the faint of heart of stomach. I am reproducing in its entirety the article which brought back to me these meanderings of mine ....

Time to observe and absorb

Wilfred Sultana

http://www.timesofmalta.com/articles/view/20080416/opinion/time-to-observe-and-absorb

Some are more sure than others of Malta's potential as a yachting hub. Some are more concerned than others about the urgent needs of the local yachting industry. Some are more perplexed than others for Malta not keeping pace with the development of this industry. Some are more downcast than others knowing that, while countries surrounding us have developed yachting facilities, in most cases many years after us, they have overtaken us and are miles ahead of us in terms of the facilities and services they offer.

I do not intend to mention Malta and our yachting industry any further because, at times, it is important to observe and absorb what is going on around you. I came across a report drawn up by Stat-USA/internet, a service of the US Department of Commerce, and posted on the website of Industry Canada, which I felt like sharing. The title of the report was Opportunities In Italy For US Companies Operating In The Design, Planning And Management Of Marinas.

The development and expansion of existing marinas in Italy represents a major opportunity for US companies operating in related sectors. The Italian government is planning to build a coherent network of marinas that will boost the national economy. To achieve this important objective both the regional governments and the port authorities are working on several projects. In some cases, especially when the southern regions are involved, there are also European grants available.

The development of marinas is closely related to the tourism market. Recent data from Istat (the Italian national institute of statistics) indicates an increasing number of tourists interested specifically in the nautical tourism sector. This data reinforces the necessity to renew Italy's marine infrastructure in order to boost the local economy and the pleasure boat market for both foreign and national tourists. Italy faces tough competition from other Mediterranean countries, such as Spain, France and Greece in the EU, Tunisia and Morocco in North Africa and even Turkey. All these countries will undercut Italian nautical tourism if the country doesn't begin to provide appropriate infrastructure. Now, with a favourable euro exchange rate, competition from non-EU members is getting stronger, because Europeans always find it easy to go abroad.

Surveys have highlighted two distinct problems regarding the Italian marinas: (1) marinas are few and poorly distributed along the national territory; (2) most marinas are inefficient and obsolete.

Comparing a southern region to a northern one can be useful to draw a picture of the divided situation of the country. Calabria, a large southern region surrounded by three seas with hundreds of miles of coastline, has about 2,000 mooring berths while Liguria, a northern region smaller than Calabria with a smaller coastline, offers almost 16,000 berths.

The northern regions count for 58 per cent of all available moorings in Italy whereas the 42 per cent in the southern regions include the islands of Sicily and Sardinia, which are considered southern regions.

The fact that most of the work that has to be done to stimulate the expansion of Italian marinas is situated in the south of the country is a positive factor. The Italian government and the European Union will fund targeted projects in key sectors (marine/transport infrastructure among them) to encourage the development of southern Italy.

The Italian government is trying to adapt Italian ports to the increasing demands of marinas to permit them to host recreational crafts. The government's plan starts with renovating existing marinas. To achieve this major objective, Sviluppo Italia, the Italian government's internal development agency, created a company called Italia Navigando. This company is actively programming and implementing several initiatives to build a well-developed network of marinas in nine years. It plans to reconvert existing marinas and build new ones if necessary.

The project is important because it is part of a higher-scale development venture that aims to integrate marinas with tourism centres that will help to develop southern Italy's economy. Italia Navigando supervises the whole project from the initial planning to financing, implementation and, in some cases, the management of the new structure. This new network will be composed of 50 marinas: 40 in southern Italy and 10 in the centre-north of the country. The project is to be in place within nine years and is divided in three triennial plans. For the first triennial plan Italia Navigando expects to connect 20 marinas. The estimated overall cost is of €270 million. The Italian government will invest €200 million in this project.

European financing, together with national and regional financing, will allow investments totalling about €9 billion in the region of Campania. The regional government intends to create a regional network of marinas to support development of tourism and boost the local economy. According to the regional plans, several marinas will be reconverted to improve infrastructure and the quantity and quality of services provided. The most important marina development project in Campania will be in the province of Caserta. The new structure plans to have about 1,000 mooring berths and all the required structures to guarantee a functional sea connection. Something like €35-40 million will be invested in this project.

The main objective in Sicily regarding the development of marinas is to build a network of Sicilian marinas that will maximise the advantages of the island's strategic geographic position. Positioned between the northern Mediterranean and the African coasts, Sicily will be able to provide quality services to pleasure boats as it lies on the crossroads of tourist flows across the Mediterranean. The project is to build a well-developed network of marinas that will allow yachts to circumnavigate the island in assisted stages with a maximum distance of about 30 nautical miles.

One needs go no further. To survive, our yachting industry must have an immediate regeneration solution. No long-term plans are feasible any longer. Malta's 2,000 yachting berths on our five existing marinas are all taken up, with application lists for berths constantly growing longer. Yet, most serious of all, the local trade cannot service requests by foreign yachts planning to visit Malta this summer, I mean in two months' time, because no berths are available. Yes, it is important to observe and absorb, but then?

Malta's ship register records further growth

Thu, 21 Feb 2008 08:06:17 GMT

Malta is well known to be a Registry of Choice - providing ship ownership with attractive advantages for registering her ships, while providing the confidence that their vessels will be welcome in other ports, because of the observance of international standards and network of good relations with other states. So far, Malta has been the fifth largest ship registry in the world - an impressive achievement when considering the large availability of registries elsewhere.

Yesterday morning, it was reported that a record 29.5 million tons of shipping have been registered under the Maltese merchant flag, a record since the Maltese shipping register was established in 1973. It was said that the record, achieved over the past few weeks, was accompanied by another first in that cruise liners are now being registered under the Maltese flag, and that 12 cruise ships currently fly the Maltese flag, including some vessels operated by Royal Caribbean. The outlook looks good, with the industry magazine Fairplay having reported that 210 ships currently under construction will be registered in Malta, adding a further 12.5 million tons to the register.

Malta lies in the heart of the Mediterranean and has a number of natural bays. It also has a large natural harbour, which offers a wide range of maritime facilities to those berthing there. Some are government related and provided by the Malta Maritime Authority, while others are provided by other entities.

Ship registration is relatively straightforward, especially now that it is possible to register a ship under an 'international owner', thereby avoiding the incorporation of a company registered in Malta - subject, of course, to a number of conditions and controls. Should a ship owner still wish to have a company formed in Malta, this is also an expedient process with a number of advantages.

We would first register your ship on a provisional basis and then, subject to completion of all formalities, we would convert it to a full registration. For more information, please send an email to gspiteri@cclex.com.

Total Oil Group undecided on Erika appeal

Fri, 25 Jan 2008 11:05:34 GMT

By Andrew Spurrier in Paris Thursday 17 January 2008

THE Total oil group has stopped short of announcing an appeal against its condemnation in the Erika trial for causing pollution, indicating only that it intends to make use of the 10 days allowed it to come to a decision.

It claimed that there were "numerous grounds" for appeal against yesterday's verdict from the Paris Tribunal de Grande Instance but gave the impression that it might forgo an appeal in an effort to appease French public opinion.

The oil group is widely seen by the French public as the principal instigator of the pollution disaster provoked by the break-up and sinking of the tanker off the Brittany coast in December, 1999.

Apart from the €375,000 ($548,000) fine imposed on it by the trial judge for pollution, Total has been ordered to share with classification society Rina, Erika owner Giuseppe Savarese and technical manager Antonio Pollara damages totalling €192m.

It said afterwards that it was "disappointed" by the judgment, claiming that the court had accepted that the direct cause of the sinking was outside its control.

Total said it was pleased, however, with the acquittal of shipping manager Bertrand Thouilin, the last employee facing charges, and with the acquittal of Total itself on the charge of recklessly endangering human life.

It was critical of the trial judge's finding that it had failed to exercise due caution in its inspection and vetting of the 25-year-old tanker.

It found it hard to understand how it could be found guilty for shortcomings in a procedure which it had introduced voluntarily to improve its shipping safety standards.

And it warned that the court's judgment could have an adverse effect on shipping safety in going against the generally accepted interpretation of international maritime law that charterers cannot be held responsible for the structural state of vessels which carry their cargoes. "By assigning liability to Total," the oil group said, "the court's verdict could create confusion concerning the responsibilities of the players and have the contradictory effect of making shipping less safe."

The French shipowners' organisation Armateurs de France congratulated the court on its condemnation of Messrs Savarese and Pollara and Rina but made no mention of Total.

"The owner, his technical manager and the classification society could not be ignorant of the ship's grave structural problem and that it was not up to standard," it said. "In these conditions one can only rejoice at their condemnation. It is exemplary for the improvement of our profession."

The organisation expressed reservations, however, about the compensation, and in particular the award for the first time in France of damages for general environmental as opposed to specific property damage.

Noting that compensation payments had already been made by the International Oil Pollution Compensation Fund, it said that it was not opposed to the payment of additional compensation for environmental damage.

"But should this notion not be defined in its principle and its modalities by the legislator (at international level) rather than by a court?"

There were no such reservations on the part of environmental organisations or the local authorities along the 400 km stretch of the French Atlantic coast polluted by the Erika's heavy fuel oil cargo.

They generally welcomed the court's verdict and, in particular, the condemnation of Total.

The only reservations most of them had were over the size of the damages award which fell a long way short of the €500m-€1bn they had been hoping for.

"We hope this judgment will become jurisprudence and snowball throughout the world," said Greenpeace France.

"International law should be modified to take account of environmental damage. Maritime law, too, should be reformed so that the present system of encouragement of charterers to be irresponsible is rendered impossible."

Another environmental defence organisation, Robin des Bois, hailed the outcome as very positive.
"This judgment in first instance renders fragile the strategy of dilution of responsibilities followed by the different players in international maritime transport and should, if it is definitive, encourage them to greater rigour in the choice and operation of ships," it said.

But it took a negative view of the level of damages awarded for environmental damage, which it estimated at €1.3m out of the total €192m awarded.

It said that the negative effects of the pollution on plant, bird and animal life, as well as on the marine food chain and fish stocks, had been underestimated if not forgotten.

"The sea has been sold off cheap," it claimed. "It is the sales season." It also questioned the court president's affirmation that the effects of pollution from the Erika had lasted two years. It said it had been established that, 20 years after the Exxon Valdez oil spill, several species of birds, shellfish, fish and mammals had still to recover their pre-casualty status.

As a result, it said, its principal claim that the guilty parties should be ordered to finance the biological monitoring of the effects of pollution from the Erika until 2019 had not been taken into account.

Strikes in Greek Ports

Tue, 22 Jan 2008 16:40:37 GMT

Recent strikes in the dockworking industry in Greece are causing much havoc. It is this right which allows a worker to establish his rights at law by increasing his bargaining power when all else fails.

The following interesting article shows the economically dangerous situation triggered by the recent strikes in Greece: one must pay attention to the manner of strikes, because once there is a right (the right to strike) there is potential to abuse that right.

Dockworkers seem to have a characteristic history of striking, causing ports to come to a standstill. However their conditions are not always the best - indeed they often leave much to be desired. There is much to be said about their employment rights. however, when they strike, this can cause damage to the export and import of a country, as well as to the shipping lines intending to use such ports.

http://www.hellenicshippingnews.com/index.php?mod=article&cat=Topstory&article=7761

Export trade of Hellas was negatively affected by the ongoing mobilisations by dockworkers, Athens Chamber of Commerce and Industry (EBEA) president Constantine Michalos, in an exclusive interview with Athens News Agency. Although no official data has yet been released, a negative trend is already evident. Should the continuing work disputes surrounding the country's two major ports, Piraeus and Thessalonica, persist - as dockworkers have warned - the negative effects on the country's economy are expected to intensify. Michalos said that EBEA had met with representatives of the dockworkers, with their Federation, and made it clear that all the sides involved were steadfast against the mobilisations, despite the initial reservations of the business world to the first privatisation plan tabled by the preceding Merchant Marine ministry leadership, adding that there was no justification today. EBEA, he continued, believed that there was no reason today for the strike actions to continue, and warned that, if the labour action continued past this current week, many problems would be created in the exports and imports sector.
The difference with the almost two-month strikes which occurred at the end of 2006 on the same matter, is that this time around, the country's public opinion is less keen on agreeing with the dockworkers' stance on the future status of the ports. Although the government has clarified that its objective is not to privatize the ports, but to modernize their infrastructures and container handling perfromance by means of a 30-year concession period, the dockworkers continue to react fiercly against such a case, worried that jobs are at stake. Last week's remarks made by George Voulgarakis, Minister of Mercantile Shipping on the matter, suggested that no jobs will be threatened by the ongoing process. But the workers will continue to abstain from work on weekends at least until the end of the month, with the decision on potentially new 24-hour strikes expected to be made at the same time. That said, the government is expected to release the much anticipated inviting text on the awarding process competition by Friday. The first offers should be expected until the 18th of March. The second phase will include the evaluation of the economic offers of the companies.
Cosco and Hutchison are interested for Piraeus, with the Chinese conglomerate having repeatedly expressed its interest on the port's container handling operations. They regard Hellas as a gateway to the broader Balcans area. Hutchinson on the other hand is also very interested in Piraeus, but also for Thessalonica port, already operating 46 ports in 23 countries worldwide. Another interested party is Dubai Ports World, with APM Terminals, a unit of AP-Moeller Maersk recently adding itself on the list, depending on the terms which will be set by the Ministry.
Besides port operators, the largest container shipping lines are also among the list of interested parties, but their participation in the awarding process is subject to the final text and its terms. Israel's ZIM Lines, Sinotrans, Evergreen and MSC (Mediterannean Shipping Company) are also among those interested, according to some sources.

I.M.L.I. - one year on

Tue, 22 Jan 2008 14:27:31 GMT

I distinctly remember being at IMLI just one year ago, preparing a legislative drafting project and my dissertation.

'IMLI' stands for International Maritime Law Institute, which is the brainchild of the International Maritime Organisation and is set up to train professionals all over the world in the rule of maritime law. The motto is: Safer Shipping on Cleaner Oceans. (www.imli.org)

The course is a full time one, so I had quite a task to juggle work and study. Luckily, Malta being a maritime hub, one tends to be familiar with certain issues from undergrad school.

The European Commission is in the process of working on its policies concerning EC Maritime Law, and this is not a day too early. Indeed, for many years there has been a debate as to whether the EC should in fact be a full member of the IMO, which is an international organisation, or whether it should continue to hold observer status.

The particularity of EC law is its supremacy over the Member States' national law. Thus, a Member State is not free, in an IMO forum, to vote in favour of anything that has already been legislated upon by the EC. The Community is one entire landmass, making a coordinated approach which, on the other hand, cannot be achieved without supremacy of EC law. The Community institutions provide a forum for debate among the Member States at European level, which can then present a single front via the European Commission in sessions of other international organisations.

Once the EC takes any steps affecting maritime law, the Member States will no longer be able to take any individual contrary votes at international level. This is, for example, particularly problematic in the case of liner conferences. In September 2006, the European Commission issued a regulation to withdraw the block exemption from Articles 81 and 82 of the EC Treaty in favour of liner conferences. The liner industry has, for years and years, operated by means of liner conferences in order, they claim, to maximise efficiencies, time slots, capacity and so on. If these are now liable to be found contrary to the EC Treaty, and therefore liable to be fined heavily, the Regulation could well be set to change the way that liner shipping works. Liner shipping conferences operate worldwide, but the fact that they have a base, branch or simply that they affect anything in, the EU means that the Commission will investigate and - if necessary fine the parties.

We have yet to see what changes the new regulation will bring about. Liner Conferences have strongly protested against this move, but the Commission has been adamant.

International Maritime Law

Fri, 08 Jun 2007 09:47:11 GMT

International Maritime Law is an important field of law, because it regulates what is perhaps the largest support service to commerce - maritime transport. There are two important branches of international maritime law - shipping law, which regulates the private operation of ships, and public international maritime law, i.e. the law of the sea.

The IMO International Maritime Law Institute is situated at Tal-Qroqq University Grounds, and trains students from a host of different countries in law and practice in the maritime field, straddling both private law as well as public international law. The focus is mainly on the international conventions and practice, wherever possible, so as to give a knowledge on the international regime on each subject. It is then the students' task to familiarise themselves with the regimes applicable in their respective countries, based on the conventions which were adhered to within their jurisdiction.

Last September, 39 students enrolled at the institute - 36 following the Master of Laws programme, and 4 following the Advanced Diploma. This year's course was the largest complement ever, an encouraging sign of the institute's growing success. There have also been students following short courses at the Institute during the year. Since the students come from countries having different legal systems, the course kicks off with a number of lectures on the different legal systems and introductions to the two main areas of law: public international law and shipping law.

Subsequently a number of courses are given, each comprising of a series of lectures, imparting knowledge on the various areas of law involved. Interestingly, the course has the unique feature of providing pratical knowledge too: it takes into account the fact that the students are, in many cases, already practising lawyers or are somehow employed in the maritime field. This year, as always, the course was composed of lawyers, a number of Captains, Commanders and other Officers from Navies all over the world, a judge, and various holders of important offices within their countries.

This year included visits by various renowned experts or eminent firgures in international maritime law who imparted their knowledge to the students in courses such as: Carriage of Goods by Sea by Professor Francis Reynolds, Marine Insurance by Dr Marko Pavliha and Professor Pingf Sze, Marine Environment by Mr Mitja Grbec and Dr Stefano Filletti. Some of the lectures had a more practical approach, such as those on Maritime Safety and Security. One of these visitors was Dr Philippe Boisson from Bureau Veritas, who gave a detailed and fascinating expostion of the legal issues was accompanied by pratical issues whih help to understand the reasons behind the law, and how to translate that law into the day-to-day running of a ship. Another such visitor was Prof. F. Wiswall, a world expert on collisions and now at the helm of the Comite' Maritime Internationale, who highlighted many practical and legal issues concerning collissions at sea. Other visitors of eminent standing included President Emeritus of Portugal Mario Soares, whose contribution to the law of the sea was of deep significance, senior officials from the US Coast Guard, Commissioner Joe Borg who is currently spearheading the EU's Green Paper on Maritime Policy and our very own Prime Minister Lawrence Gonzi, himself a former practitioner in maritime law.

As always, the sheer driving force behind this course was the lecturing complement of the Institute. Professor Attard, Director of IMLI, is at the helm, providing the students with many networking opportunities, as well as an astounding insight into the law of the sea. His lectures are delivered with a passion on the subject, which is highly infectious as he delves further into issues concerning delimitation of maritime zones, the high seas, the Exclusive Economic Zone, and a multitude of international law issues that are currently of interest. The resident and regular lecturers, through their encouragement and support for the students, have made following the course a pleasant journey indeed.

Other than the academic work, life at IMLI has also entailed interesting extracurricular activities of interest. This included a number of receptions where the students integrated with the visiting lectures, field trips to two ships, an international cooking competition, a photographic competition entitled "Life at IMLI" and of course, several student-organised activities.

Above all, perhaps the greatest lesson to be learned for many was about tolerance. Since the cultures of the participants vary immensely, students had to exercise discretion and tolerance with respect to each other, and learn to appreciate that other people from a different culture have a different way of doing things. Of course this will be particularly useful to those of us that will proceed to obtain employment in a multi-cultural environment.

The course entailed attendance of three lectures daily, which spanned throughout most of the day. Tests and assignments during the first term permitted guaging progress. The second term proceeded at a much faster pace, entailing submission of the legislative drafting project and the dissertation, assignment and, at the end, the final examinations: one exam in Shipping Law and one exam in the Law of the Sea. Tension was rife during the last month - as would be expected - but all's well that ends well, and the students are now looking forward to continuing their careers and putting their knowledge into use.

For most participants, reverting to student life has meant that, for the past eight months, many responsibilities were lifted, and one was only required to focus on the completion of the course. The rest became secondary. Other than the tension associated with exams, life at IMLI could be said to have been immensely interesting and, I dare say, fun.

The course ended formally on graduation day, this year on the 5th May 2007. This was followed by a field trip to London, which is the heart of maritime law activity. A number of visits to important institutions were made. From London, most students headed back out to their homes all over the world.

The subject I chose for my dissertation concerns competition in maritime transport. A copy may be obtained upon request.

Supremacy of EU Law

Sat, 24 Mar 2007 11:48:03 GMT

In view of the 50th Anniversary of the Treaty of Rome being celebrated this weekend, I have recently revisited my European Law work and have of course found much of interest worth discussing.

I have been in the company of a number of non-EU persons that have expressed some interest in how the EU works. Possibly, among the EU citizens, there still remains a little doubt as to the position of the states with regard to the Union. So, I have fished out the following quote from my records, which I think explains matters in the clearest sense possible:

In addition the task assigned to the Court of Justice under article 177, the object of which is to secure uniform interpretation of the Treaty by national courts and tribunals, confirms that the states have acknowledged that community law has an authority which can be invoked by their nationals before those courts and tribunals. The conclusion to be drawn from this is that the Community constitutes a new legal order of international law for the benefit of which the States have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only member states but also their nationals. Independently of the legislation of Member States, Community law therefore not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage . These rights arise not only where they are expressly granted by the Treaty, but also by reason of obligations which the Treaty imposes in a clearly defined way upon individuals as well as upon the member states and upon the institutions of the Community .

Case 26/62 NV Algemene Transport –en Expeditie ONderneming van Gend & Loos v Netherlands Inland Revenue Administration

This citation is very concise and clearly indicates that Member States have ceded some of their sovereignty to the Union. This they have only been able to do in virtue of the fact that they are in fact sovereign. Such a cession would not be possible in the absence of sovereignty. However once it has been ceded, the competence lies in the hands of the EU to take action on those matters for which the Member States have transferred sovereignty. Often, this is exercised by the three institutions - Council, Commission and Parliamenty - via the various law-making processes contemplated in the EC Treaty.