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

(2013) JELR 68618 (SC)

Supreme Court  •  CIVIL APPEAL NO. J5/10/2013  •  20 Jun 2013  •  Ghana

Coram
DR. DATE-BAH JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, GBADEGBE JSC, AKAMBA JSC

Judgement

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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