The incorporation of treaties into Maltese law

Abstract

This thesis analyses Malta's position regarding the law of treaties. An outline of the requirements to sign a treaty or convention, the steps required for us to encounter international rights and obligations and consequently the requirements for enforcing such obligations. Various theories on the nature of the relation between municipal and international law will be outlined broadly and an analysis of these various theories will lead to the conclusion that Malta follows the dualist theory in this regard. In doing so, the nature of the problems connected to this system will be explored. The Ratification of Treaties Act, which was enacted for the ratification of certain treaties will be discussed in detail. This thesis will also highlight Malta's participation in various treaties and the position at which we are today, i.e. if the treaty is in force and whether or not the treaty has been incorporated into the Laws of Malta thus enabling Maltese courts to enforce it. A review of treaties that may be signed and ratified by the Maltese government in the future and the consequences of such treaties being brought into force, has also been humbly attempted. Unless otherwise specified, the information quoted is valid up to the 30th April 2002.