New Law Review

Atop their promontories on Rhodes, the Maltese Knights (otherwise known as the Knights Hospitallers) were at the forefront of medieval Christiandom’s battles with the Ottomans. Just yesterday, Malta was thanked for going ‘the extra mile’ for providing assistance regarding the Libya situation and for its commitment towards nurturing democracy in North Africa. This morning, I was delighted to learn that Malta is once again punching above its weight class (size-wise that is, I should know, coming myself from a tiny island) – this time through the launch of the ELSA Malta Law Review, an endeavour of the ELSA arm in Malta.
One finds, in the Review’s first issue, something for everyone. Just to name a few, Azzopardi writes on the Financial Services Action Plan and the European Securities Market Authority, topical not the least because of the recent crisis but also because a controversial tobin tax (opposed by London, naturally) has been proposed as part of a package of rules to regulate Europe’s financial markets. Of interest to civil proceduralists, Cachia contributed an article on the proposed changes to the Brussels I Regulation, and focusing on whether the proposal is effective in enhancing choice of court agreements within the jurisdictional sphere. This sits comfortably with Vogenauer’s 2008 survey on choice of forum and choice of law. Pavelka‘s contribution is on the seminal CJEU cases Pammer and Hotel Alpenhof (which I commented on earlier), arguing that the notion of ‘directed website’ is useful for consumer protection, but that one ought to resist the temptation of applying it to tort law in the context of online defamation. Not only private lawyers would be appeased – one finds literature on Guantanamo bay, Kosovo’s self-determination, and a comparative piece on inter alia the freedom of expression.

This academic buffet is unsurprising, given Peter Xuereb‘s characterisation of the purpose of the Review amongst others for European and comparative law – ‘We live and work as practising lawyers and academics in an era of globalisation and internationalisation of law: the building, painfully and painstakingly, of a new world order. The Maltese legal system, as Malta itself, must find its place there in, and make its own contribution. (…) Malta has a special role to play in the Meditteranean, actuating this role in the Union and in the search for a more stable, more just legal order that promotes unity in diversity in our region and beyond. For we have made contributions that have spanned the globe in their reach. Little Malta has much still to offer’.


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