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THE REPUBLIC
V.
HIGH COURT (COMM. DIV.) ACCRA EX PARTE; ATTORNEY GENERAL AND OTHERS

(2013) JELR 68618 (SC)

Supreme Court 20 Jun 2013 Ghana
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1. The case explores the relationship between international law and municipal law in Ghana, focusing on the enforcement of orders from the International Tribunal on the Law of the Sea. 2. Ghanaian law incorporates customary international la

Case Details

Suit Number:CIVIL APPEAL NO. J5/10/2013
Judges:DR. DATE-BAH JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, GBADEGBE JSC, AKAMBA JSC
Counsel:MRS. SYLVIA ADUSU (PSA) AKUA GYAMFUA BOAKYE-AKYEAMPONG (ASA) ,LED BY THE HONOURABLE ATTORNEY GENERAL AND THE SOLICITOR ,GENERAL MRS. AMMA GAISE FOR THE APPLICANT ; ACE AKOMAH WITH HIM KOW ESSUMAN FOR THE 1ST INTERESTED PARTY.,KIZITO BEYUO FOR THE 2ND INTERESTED PARTY.

JUDGMENT

DR. DATE- BAH JSC

Introductory Analysis of the Relationship between International Law and Ghanaian Municipal Law.

This case raises important issues on the nature of the relationship between international law and municipal law in Ghana. The main purpose of the learned Attorney-General in bringing this application for certiorari and prohibition would seem to be to enable the Republic to comply with the orders of the International Tribunal on the Law of the Sea (hereafter referred to as the “Tribunal”), established under the United Nations Law of the Sea Convention. This circumstance raises the question, quite apart from the other legal issues which arise in this case, whether this court or any other court of Ghana is obliged to enforce the orders of the Tribunal.

Before entering into the full details of the facts of this case, it would thus be worth our while to examine this question of the relationship between international law and municipal law in Ghana. Ghanaian law on this basi…

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