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Elsa Malta Law Review 2 Elsa Malta Law Review ELSA MALTA LAW REVIEW 2 ELSA MALTA LAW REVIEW Sixth Edition ELSA MALTA European Law Students' Association Malta The European Law Smdents'Assodacion ELSA MALTALR AW RE VIEW .\!:\LT.\ 3 Published in 2016 by European Law Students Association Malta Student's House, University of Malta, Tal-Qroqq, Msida MSD 2080, Malta www.elsa.org.mt Typesetting and Cover Design by James Debono Printed by Progress Press Company Limited, Mriehel, Malta ISSN 2305-1949 ELSA Malta Law Review @ Correspondence should be addressed to: Editor-in-Chief - ELSA Malta law Review E-mail: [email protected] All contributions published in the ELSA Malta law Review are licensed by an Attribution-NonCommercial-NoDerivs 2.5 (MALTA) Creative Commons Licence. Readers are allowed to copy, distribute, and transmit the articles contained in this Edition, but not forcommercial purposes. This is subject to the terms and conditions therein. Lead sponsor Deloitte 1, 4 ABOUT 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 fromthe University of Malta. The ELSA Malta Law Review is an open access journal which means that all content is freelyavailable 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. http://www.elsa.org.mt/elsamaltalawreview / ELSA Malta Law Review- Edition VI 2016 EDITORIAL BOARD Editor-in-Chief Liza-Marie Cassar Editors Chantelle Cauchi Michelle Grech Nicole Sciberras Debona Luca Zahra 5 FOREWORD 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. Maltese Law has and continues to play a pivotal role in the coming of age of our nation. On the whole it serves our State well in regulating situations that have been part of our domestic legal fabric formany centuries. As Malta continues to assert itself as a pluralistic and multicultural democracy in a globalized world, the major challenge Maltese law facesis the need to keep the pace with emerging situations that necessitate regulation in order to ensure the rule of law forall. In doing so, it must also adapt to the influx of a myriad of norms originating from the acquis communautaire and International law which become an intrinsic part of it. Occasionally these legal sources, originating in political fora Malta forms part of, require Maltese law to undergo a paradigm shift in terms of substantive content and procedural modalities. Legal publications such as the ELSA Law Review, serve to underline such legal challenges, identifying gaps and conflicts with existing norms and proposing possible options to legislators, practioners and operators alike. It is indeed a daunting task to take stock of the current body of Maltese Law and assess its functionability at a time when the cohort of law has never been more varied. As with previous editions, this sixth publication of the ELSA Law Review is commendable fordoing so, thanks to the authors who foundthe time to share their knowledge and experience, as well as the editorial board who assiduously strived to help them materialise these legal papers into another publication of the highest standards. As Deputy Dean of the Faculty of Laws I am indeed ELSA MALTA LAW REVIEW grateful to all who contributed and augur that law students, the legal profession and society at large will greatly benefitfrom this endeavour. ProfessorSimone Borg DeputyDean, Faculty of Laws University of Malta, Msida, 4 December 2016 7 ELSA MAL TA LAW REVIEW EDITORIAL 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. The sixth edition of the ELSA Malta Law Review presents a vast array of contributions, sixteen in total, ranging from articles, essays, and a book review. The works, penned down by students, lawyers, and academics, feature a multitude of contemporary and topical issues including intellectual property rights law, the smuggling of persons by sea, revenge pornography, and the Anti­ Money Laundering Fourth Directive. In conjunction with the office of MEP Dr Roberta Metsola, this year ELSA Malta organised an essay competition, offering the winner not only the possibility of a funded trip to Brussels, but also the chance to have their work published in the ELSA Malta Law Review. At a time when the prospect of legal writing and publishing seemingly continues to plummet down amongst law students, this year the Editorial Board tried to appeal to aspiring lawyers by teaming up with the officeof the Attorney General to hold another writing competition, this time offeringa six-month internship at this office to the winning author. I would hereby like to extend my appreciation towards Dr Andria Buhagiar, Dr Peter Grech, and Mr Adrian Tonna from the office of the Attorney General as well as Dr Ivan Sammut for providing constant assistance, reviewing these articles, as well as for offering such a valuable opportunity to two students. This competition, along with the Partnership in Research Programme which was once again organised this year, are crucial initiatives necessitated to promote the importance of legal writing and which I hope will retain their presence in futureeditions of the Law Review. The ELSA Malta Law Review maintained its qualityonce again this year through the assistance of the Dean of the Faculty of Laws, Professor Kevin Aquilina, to whom I am tremendously indebted. Indeed, Professor Aquilina was always keen to offerhis constant support by ensuring that each contribution was compliant to the plagiarism rules in the Editorial Policy, and never failingto reply to incessant threads of emails, whilst still finding the time to provide a contribution to the Review. I would also like to express my deepest gratitude towards the Deputy Dean Professor Simone Borg, who was kind enough to present us with the foreword to this book. The participation of a large number of academics and 8 ELSA MALTA LAW REVIEW professionals for the peer-reviewing of this edition is testimony to the Editorial Board's efforts to uphold the high standards achieved by past editions of the ELSA MaltaLaw Review. This publication would not have been possible without a dedicated and keen Editorial Board. Indeed, I have been lucky enough to have four enthusiastic and hardworking editors who bore with my tight deadlines and last-minute requests. Chantelle, Michelle, Nicole, and Luca: thank you for always being ready to lend a helping hand and for your support throughout these past nine months! My appreciation also goes out to the ELSA Malta Executive Board 2016/2017 and incumbent President, Bernice Saliba. I would also like to thank James Debono, former Vice President for Academic Activities for ELSA Malta, for encouraging me to commence this journey two years ago when I joined the Editorial Board, as well as forhis continuous advice and inspiration. The opportunities bestowed by the ELSA Malta Law Review to those who seek to get published in the legal sphere should be commended and recognised. Even more so, praise should be attributed to the fact that through this journal, students have the invaluable possibility to publish their work alongside that of experts in different fields, with their contribution being peer-reviewed by a professional, and reaching international audiences. Hence, I profoundly encourage future Editorial Boards, along with the assistance of Executive Boards of ELSA Malta, to recognise the significance of this publication and work to ensure that it retains its standard of quality and reputation. Liza-Marie Cassar Editor in Chief 4 December 2016 9 TABLE OF CONTENTS Foreword ............................................................................................................................................. 6 Editorial ............................................................................................................................................... 8 Copyright and Digital Exhaustion, Unanswered Questions and Uncertain Treatment in the EU.....................................................................................................................
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