Suchergebnisse

Act No. V of 1991, the Environment Protection Act, recognises in section 2 thereof future generations so much so that it imposes certain burdens therein defined on the Government of Malta to safeguard the interests of future generations. Although the Government of Malta has to fulfil certain duties, no adequate machinery is set up by Act No. V of 1991 to provide for safeguarding the interests of future generations. Future generations, like animals, cannot defend their interests at the present moment in time for they lack the necessary structures to do so. Indeed, Maltese Law does not impose any obligation on present generations to bequeath to future generations a healthy environment. Again, future generations, due to their physical inexistence, cannot protect or safeguard their interests by, say, instituting court proceedings against the Government of Malta or any individual whomsoever it may be who may be contravening their right to a healthy environment. In the same way that animals cannot put pressure on the government of the day to enact into Maltese Law the Universal Declaration of Animal Rights, future generations presently have no vote to cast so as to induce political parties to formulate and implement a charter of intergenerational rights of humankind into Maltese law when in government. Contrary to Act V of 1991 which leaves the matter in suspended animation, I intend to show that it is possible to create legal structures to enforce and safeguard the right of future generations to a healthy environment, and I shall do so by exploring five different ways of attaining such a goal. ; peer-reviewed

The scope of this essay is limited to an examination of Maltese Maritime Law relating to the prevention, reduction and control of marine pollution. Indeed, this essay does not embrace the protection of the marine environment in its totality as this would include appraising other provisions of the Maltese legal system, such as those relating to the establishment and management of marine nature reserves, fishing zones, illegal methods of fishing, exploitation of the natural resources of the sea, emission of dark smoke from vessles, etc. Such a study, commendable as it may be, does not fall within the ambit of this essay and can easily be dealt with in other seperate studies without in any way adversely affecting the subject matter of this essay. ; peer-reviewed