The protection of the Maltese cultural heritage under international law

Abstract

It is a truism that international law is a sociological tool which should and can respond to the needs and demands of society. International law relating to the protection of the environment is determined or rather circumscribed by its consensual foundation, depending on the willingness of States to make, implement and enforce it. We are increasingly aware of the holistic interdependence of the issues involved in environmental protection at a time when States are still firmly rooted in the concept of the inviolability of the principle of State sovereignty. Efforts to protect the environment deal mainly with activities occurring in areas within State jurisdiction because effective enforcement jurisdiction has traditionally belonged to States. The scientist who, alarmed by the findings of certain data and who logically expects immediate action, is more often than not overwhelmed by the number of hurdles which obstruct his path, development, politics, negotiations and funding, amongst many others. Every legal minded person knows and understands the difficulties present in the creation of international treaties.