Groundwater rights and laws in Malta

Abstract

In the first chapter, this study examines the technicalities of groundwater and includes the scientific and legal definitions pertaining to the groundwater realm. It carries on by giving a general introduction of the history of roman, common and Islamic laws, explaining the differences of how these three different schools of thought have developed and how they influence groundwater laws today. The study is then divided in two parts, the first targets groundwater rights and users, starting off from the very first legislations on groundwater in Malta and how their development affected the groundwater rights, up to current legislation. The second part addresses groundwater laws from an administrative and environmental perspective. It explains how groundwater law has developed and improved throughout the years especially since Malta joined the European Union. The conclusion includes some pointers on each subject tackled in this thesis, pointing out some lacunae and addressing the urgency for action in order to safeguard groundwater resources in Malta.