Safeguarding Malta's neutrality : an objective approach streamlining Malta's constitutional neutrality dilemma

Abstract

The concept of neutrality as enshrined in Malta's Constitution continues to be locally debated, first as a result of the US La Salle controversy, secondly in relation to the compatibility or otherwise with the treaty regime constituting the European Union (EU), the latter including the recent developments in the EU's Common Foreign and Security Policy and the Treaty establishing a Constitution for Europe. While neutrality policy developed against a background of the European balance of power system as it evolved from the seventeenth to the early twentieth century, nevertheless it constitutes a dynamic policy instrument that has to adapt itself to the changing international requirements and to a nation-state's own and often varying interests. Concomitant with development, neutral States are today assuming more flexibility in the range of action deemed permissible under a status of permanent neutrality. Consequently, now that the parameters of the post-Cold War world have emerged more clearly, i.e. from a bipolar international system that was dominated by the two superpowers which has been replaced by a more fluid multipolar international system, it is essential that Malta re-assesses its concept of neutrality. Indeed, neutrality is a complex concept and cannot be viewed solezy in terms of a largely rigid framework. This aim of this study is twofold. In the first place it enquires on whether Malta's Constitutional provisions need some polishing, albeit totally new provisions in light of the international power shift. In so doing Malta's neutrality origins, its Constitutional basis, and the way it has been interpreted and upheld by the two main political parties are reviewed. A study of the concept of neutrality, an institution of the international law, is thus examined. Secondly, this thesis shifts to examine whether Malta's neutrality is or will be prejudiced vis-a-vis the EU position on the subject. A brief analysis is made of the neutrality practised by both member and non-member states of the EU which purport to be neutral. The ultimate aim of the thesis is to shed more light on Malta's foreign policy on neutrality and whether its Constitutional provisions warrant an efficient assessment in the wake of the new parameters in the local scene.