DOCSLIB.ORG

COUNTER-Memorlal SUBMITTED by TH.E Governmnt of the KINGDOM of DENMARK Vederal Republic of Germany/Denmark) INTRODUCTION 1

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
COUNTER-Memorlal SUBMITTED by TH.E Governmnt of the KINGDOM of DENMARK Vederal Republic of Germany/Denmark) INTRODUCTION 1 COUNTER-MEMORlAL SUBMITTED BY TH.E GOVERNmNT OF THE KINGDOM OF DENMARK Vederal Republic of Germany/Denmark) INTRODUCTION 1. This Counter-Mernorial is subrnitted to the International Court of Justice by the Govemment of the Kingdom of Denmark in pursuance of an Order made on E biarch 1967 by the Judge discharging the duties of President of the International Court of Justice under Article 12 of the RuIes of Court. For further particulan regarding the submission of the present dispute to the Court derence is made to paragraphs 1-5 of the Memorial filed on 21 August 1967 by the Govemment of the Federal Republic of Germany. 2. The dispute has arisen because the Federal Republic has thought fit to lay clairn to areas of the continental sheif beneath the North Sea which lie rimrer to the coast of Denmark than they do to that of the Federal Republic and whjch, naturally, are considered by Denmark to form part of her con- tinental shelf. The dispute has come to the Court because the Federal Republic, ivhile inwking the recognition by the Geneva Conference in the Continental Shelf Convention of the rights of a coastal State over the subrnarine areas adjacent to its Coast, has declined to acknowledge the right of Denmark to delimit her continental shelf in accordance with the principles recognized as appLicable by that same Conference in that same Convention. And now the cru% of ~liedispute Liefore the Court is that the Federnl Republic denlands an appurtimnt of the continental shelf beneath the Nurth San according to the Federal Gowrnnient's own notion uf whnt is due to the Federal Rcpub- lic ex neqztu el LWIII),whereas Deiimark asks for th^ dcIimitalion of lier con- ti~ientolshcll in aucurdanco with llie generally recognized principlev and rules of ioteriiatinnal Iaiv. 5. The Meninrial contains nurncrous r~i~rcacesto writers. which rcfcrcnccs have oniy ken spaiwly cominented upon in this Culinter-Menlorial. Several quataticm. hmwr, appea.r oirt of context. Anncx 15 ill~istrnlesa nuinber of instanms whcrc quotritions seÿm to be incoinplete. 4. For the canvmicnct: 01 th(: Court, a.nd having regard to Article 42 of the Rdes of Court, tlis present Counter-Mcmorial is divided into thc samt: main parts as the Memorial subrnitted on 21 August 1967 by the Agent for the Governent of the Federal Republic of Gerrnany. In framing the individual Chapters of these main parts, two principles have kenfollowed. On the one hand the present Pleading, being a Counter-Memo- rial, wks to cornpb with the sccond paragraph of Article 42 of the Rules of Court, whicb prwribes that a Counter-Mernorial shall contain, among other thin& an admiuion or denial of the facts stated in the Memorial, and obwwations mncerning the statement of law in the said Mernorial. On the other hand the preseat Pleading takes account of the fact that it affords the ktopprtunity to place before the Court the views of the Kingdom of Dmkcm the matter in dispute. This results from Article 2 of the Special 158 NORTH SEA CONTINENTALSHELF Agreement of 2 February 1967 between the Kingdorn of Denmark and the Federal Republic of Gerrnany, wherein, pursuant to the provisions of Article 37 of the Rules of Court, the Parties have agreed that, without prejudice to any question of burden of proof, a Memorial shaii first be submitted to the Court by the Federal Republic of Germany, and then a Counter-Memorial by the Kingdom of Denmark. 5. Consequently, the present Counter-Memorial contains: in Part 1 an exposition of the relevant facts and of the history of the dispute, supplementing and correcting the exposition given in the Memorial of the German Federal Government ; in Part II the legal considerations which the Government of the Kingdom of Denmark considers to be of importance to the present case, together with its observations on the legal position taken by the Gemn Federal Govern- ment in Part II of the Memorial; in Part III the submissions to the Court regarding the principles and rules of international law applicable to the deIimitation as between the Parties of the areas of the continental shelf in the North Sea which appertain to each of them; in Part IV the annexes, with English translations where the text is neither in English nor in French. PART 1. FACTS AND HISTORY OF THE DISPUTE CHAPTER I GEOLOGY AND GEOGRAPHY 6. The description given of the North Sea in paragraphs 7-8 of the Memorial is, from a strictly geographical point of view, no doubt correct. The legal con- clusions drawn from it aiready at this stage are, however, unjustified. 7. The Court will find as Annex 7 to this Counter-Mernorial a Memorandum giving a summary of exploration activities as weil as certain additional geolo- gical facts concerning the area under dispute, including such generally admitted conclusions as may be drawn from scientific knowledge and practical expe- rience as to the probability of the existence of mineral oil or natural gas in different parts of the area. As appears from this Memorandum, the most promising area is situated just to the north of the shelf boundary established according to the principle of equidistance. The Danish concessionaire has acted upon the knowledge acquired by scientific and practical experience and confirmed by geophysical surveys which started in 1963. The first drillings undertaken in the Danish continental shelf area started in August 1966 and were resumed in August 1967. They were carried out in exactly that part of the shelf area which presented the most promising pros- pects at locations specified on the chart shown in Annex 7. The Danish con- essionaire was the first to undertake drilling in the area, and the preliminary results of the drillings indicate the existence of natural resources which may be commercially exploitable. It will be seen from the chart that the positions where drillings have been undertaken and where the presence of oil- and gas-bearing layers has been ascertained are within the area which the Federal Republic of Germany now suggests is to be allotted to her (Memorial, fig. 21, p. 85, supra). Under the terms of the concession it expires in 1972 unless the concessionaire has found naturaI resources and started production prior thereto. Therefore the concessionaire-immediately after the concession in 1963 was extended to comprise the Danish continental shelf-sbrted the necessary surveys of the Danish North Sea continental shelf. These surveys were extended and inten- sified during the following years. The Danish Government-which has based the delimitation of Danish shelf boundaries on the principle of equidistance as laid down in Article 6 of the Geneva Convention-has not felt bound to put any restraint on the development of natural resources of the greatest importance to the economy of a small country. 8. Furthermore, it 'should be noted that aIthough Danish geological re- search in the North Sea was not started until 1963, as early as 1952 Denmark clearly and on an international plane expressed views identical to those on which her attitude in the present dispute is based. Denmark has subsequently consistently claimed and administered her continental shelf in accordance with those views. 9. In order to provide the Court with a convenient geographical view of the 160 NORTH SEA CONTINENTAL SHELF North Sea the map enclosed on the inside back cover of this Counter-Memo- rial, among other things, shows those continentai shelf boundaries on which agreement has aiready been achieved-in dl cases on the basis of equidistance- as weii as the boundaries of the North Sea under the North Sea Fisheries Convention of 1882. 10. With regard to paragraph 9 of the Mernorial the folIowing facts are submitted : The angle of the German North Sea coast is approximately 100'. The Federal Republic of Germany has not, so far, established straight baselines along her coast. The boundary on the basis of equidistance suggested on charts annexed to the present Counter-Mernorial takes into account the relevant base-points along the German shore and coastal islands. There is no dispute between the Parties on this aspect of the delimitation. The Island of Heligoland is of no significance to the present dispute, since it exercises no material-if any-influence on the equidistance line. COUNTER-MEMORIAL OF DENMARK CHAPTER II DANISH ATTlTUDE TO THE CONTINENTAL SHELF QUESTION 11. Denmark took an initiative jn continental shelf matters at an early stage. In 1948 a committee was set up by the Ministry of Foreign Affairs with the object of exarnining the legal, political, economic and scientific pprblems relating to the continental shelf. 12. As a result of its work, the commitfee made a recommendation in early 1952 with an attached sketch of the delimitation of the Danish continental shelf in the North Sea and the Baltic. The recommendation forrned the basis of the commrnts of the Danish Government on the International Law Com- mission's draft of the Continental Shelf Convention. A memorandum, with the sketch attached was sent to the United Nations in May 1952. It was re- printed without the sketch in the International Law Corn~nissionYearbook of 1953, Volume II, pages 245-247, and is submitted as Annex 8. In the memo- randum the Danish Government said, among other things: "The Danish authorities have prepared the enclosed sketch of a division of the shelf contiguous to the Danish coasts facing the North Sea and the Baltic and the waters between them. This sketch is primarily based on the boundaries fixed on 3 September 1921 between Danish and German territorial waters east and west of Jutland, and the boundary fixed by agreement of 30 January 1932 between Danish and Swedish waters in the Sound and the prolongation of these lines cornbined with the median line, where the latter is applicable, and otherwise based on planes forming the locus of points closer to Denmark than to any other country involved.
Load more

Recommended publications
  • The Appointment, Tenure and Removal of Judges Under Commonwealth
    The The Appointment, Tenure and Removal of Judges under Commonwealth Principles Appoin An independent, impartial and competent judiciary is essential to the rule tmen of law. This study considers the legal frameworks used to achieve this and examines trends in the 53 member states of the Commonwealth. It asks: t, Te ! who should appoint judges and by what process? nur The Appointment, Tenure ! what should be the duration of judicial tenure and how should judges’ remuneration be determined? e and and Removal of Judges ! what grounds justify the removal of a judge and who should carry out the necessary investigation and inquiries? Re mo under Commonwealth The study notes the increasing use of independent judicial appointment va commissions; the preference for permanent rather than fixed-term judicial l of Principles appointments; the fuller articulation of procedural safeguards necessary Judge to inquiries into judicial misconduct; and many other developments with implications for strengthening the rule of law. s A Compendium and Analysis under These findings form the basis for recommendations on best practice in giving effect to the Commonwealth Latimer House Principles (2003), the leading of Best Practice Commonwealth statement on the responsibilities and interactions of the three Co mmon main branches of government. we This research was commissioned by the Commonwealth Secretariat, and undertaken and alth produced independently by the Bingham Centre for the Rule of Law. The Centre is part of the British Institute of International and
    [Show full text]
  • Autocratic Courts in Africa by Fiona Feiang Shen-Bayh A
    Autocratic Courts in Africa By Fiona Feiang Shen-Bayh A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philsophy in Political Science in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Leonardo Arriola, Chair Assistant Professor Aila Matanock Professor T.J. Pempel Professor Jason Wittenberg Professor Saira Mohamed Spring 2018 Abstract Autocratic Courts in Africa by Fiona Feiang Shen-Bayh Doctor of Philosophy in Political Science University of California, Berkeley Professor Leonardo Arriola, Chair This dissertation examines how judicial institutions in sub-Saharan Africa were used to both legitimize repression and maintain autocratic survival during the postcolonial period, as well as the enduring legacies of these tactics on post-autocratic rule of law. When autocrats turn to courts, these moves are often heralded as signs of democratic opening. However, courts can also become forums of repression, where political rivals are criminally prosecuted for anti-regime behavior. Despite these trends, courts remain relatively understudied in repression research. In fact, conventional definitions of repression are almost exclusively extrajudicial, defined as the arbitrary use of coercive violence to threaten or intimidate its target. While a separate scholarship on authoritarian judiciaries draws attention to the autocratic functions of law and order, these findings tend to be disconnected from research on repression. This has limited theory-building on how and why courts are used to contain democratic dissent. To analyze the politicization of courts in comparative and historical perspective, I develop a theoretical framework that extends beyond conventional notions of judicial independence, re- conceptualizing judicial power along the following three dimensions: jurisdiction, function, and compliance.
    [Show full text]
  • The Role of the Supreme Court in the Development of Constitutional Law in Ghana
    THE ROLE OF THE SUPREME COURT IN THE DEVELOPMENT OF CONSTITUTIONAL LAW IN GHANA by SETH YEBOA BIMPONG-BUTA i THE ROLE OF THE SUPREME COURT IN THE DEVELOPMENT OF CONSTITUTIONAL LAW IN GHANA by SETH YEBOA BIMPONG-BUTA Submitted in accordance with the requirements for the degree of DOCTOR OF LAW – LLD at the UNIVERSITY OF SOUTH AFRICA PROMOTER PROFESSOR B P WANDA 1 February 2005 ii ABSTRACT The Theme running through this Dissertation is intended to prove that the Supreme Court has a role to play in the promotion, enforcement and sustenance of a proper democratic system of government, good governance and fundamental human rights and freedoms in Ghana. The Study would therefore address the role of the Supreme Court in the development of Constitutional Law in Ghana, with particular emphasis on the court’s contribution to the underlying concepts of the Fourth Republican Constitution of 1992; the guiding principles of constitutional interpretation and the vexed issue of whether the court should adopt a mechanical and literal approach to the interpretation of the Constitution or adopt a liberal, beneficent and purposive approach. The Supreme Court has asserted in the locus classicus decision: Tuffuor v Attorney-General [1980] GLR 637 that the 1979 Constitution as the supreme law, must be construed as a living political document capable of growth. Is there any evidence now to support that claim? The study shall also investigate the question of the power of the Supreme Court to review legislative and executive action. We shall also examine the role of the Supreme Court in the interpretation and enforcement of the Constitution and Fundamental Human Rights and Freedoms in relation to the rights and obligations of the individual and the State with the view to achieving good governance.
    [Show full text]
  • Judging the Epidemic: a Judicial Handbook on HIV, Human Rights
    Judging the epidemic A judicial handbook on HIV, human rights and the law UNAIDS / JC2497E (English original, May 2013) ISBN 978-92-9253-025-9 Copyright © 2013. Joint United Nations Programme on HIV/AIDS (UNAIDS). All rights reserved. Publications produced by UNAIDS can be obtained from the UNAIDS Information Production Unit. Reproduction of graphs, charts, maps and partial text is granted for educational, not-for-profit and commercial purposes as long as proper credit is granted to UNAIDS: UNAIDS + year. For photos, credit must appear as: UNAIDS/name of photographer + year. Reproduction permission or translation-related requests—whether for sale or for non-commercial distribution—should be addressed to the Information Production Unit by e-mail at: [email protected]. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of UNAIDS concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. UNAIDS does not warrant that the information published in this publication is complete and correct and shall not be liable for any damages incurred as a result of its use. Unless otherwise indicated photographs used in this document are used for illustrative purposes only. Unless indicated, any person depicted in the document is a “model”, and use of the photograph does not indicate endorsement by the model of the content of this document nor is there any relation between the model and any of the topics covered in this document.
    [Show full text]
  • Institute of Adult Education University of Ghana
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by IDS OpenDocs m i INSTITUTE OF ADULT EDUCATION UNIVERSITY OF GHANA I.A.E MONOGRAPHS No. 9: Oxford University and an Adult Education Experiment in Ghana, 1947 - 1950. KWA O. HAGAN Institute of Adult Education Legon - Accra - Ghana INSTITUTE OF ADULT EDUCATION UNIVERSITY OF GHANA I .A .E . MONOGRAPHS 9 Oxford University and an Adult Education Experiment in Ghana 1947 - 1950 By KWA O. HAGAN, B. Litt. (Qxon) Senior Resident Tutor, I .A .E . Published by TTie Institute, May 1974 TABLE OF CONTENTS Preface: I .A .E . Monographs Page ill Part I: Historical Background " 1 11 H: First Phase of Experiment " 7 " HI: The Second Phase " 13 11IV: Outcome of Experiment " 22 ” V: Official Reaction to One-Day Schools " 27 " VI: References " 31 01) Preface INSTITUTE OF ADULT EDUCATION MONOGRAPHS This is one of a new series of Monographs launched by the Institute at the time of its 25th Anniversary celebrations - October-December 1973. The series is meant to circulate (among research students, university staffs, and other interested persons) a body of writing on various subjects which is always being put out by members of academic institutions like the LAE but seldom getting published for general circulation. By the establishment of this series we hope we have embarked upon a corrective process, and that these monographs will serve the purpose of supplying a quantity of background material to many research subjects. They will not all, or always, be learned papers according to the strict academic definition of the term; they are not planned to be such, though some will in fact be learned and/or scholarly; many will be purely narrative or descriptive.
    [Show full text]
  • Constitutional Law of Ghana Part I
    © F A R Bennion Website: www.francisbennion.com Doc. No. 1962.001.003 Butterworths, 1962 Any footnotes are shown at the bottom of each page For full version of abbreviations click ‘Abbreviations’ on FB’s website CONSTITUTIONAL LAW OF GHANA Francis Bennion PART I - THE REPUBLICAN CONSTITUTION CHAPTER 1 CONSTITUTIONAL EVOLUTION The Republic of Ghana lies midway along the Guinea coast of West Africa, being bounded on three sides by former French territories and on the south by the Atlantic Ocean. To the west lies the Ivory Coast Republic, to the north the Voltaic Republic (formerly Upper Volta) and to the east the Republic of Togo. The territories of Ghana consist of those formerly comprised in the Gold Coast Colony, Ashanti, the Northern Territories of the Gold Coast, and Togoland under United Kingdom Trusteeship. The name Ghana was adopted when, on 6th March, 1957, the country became independent of British rule. The name was taken from the ancient negro empire of Ghana in the South-Western Soudan, from which a proportion of the inhabitants of present-day Ghana are believed to derive their ancestry. Ghana became a republic within the Commonwealth on 1st July, 1960. Although the republican constitution contains a number of original features and represents a clean break with the past, it inevitably perpetuates by way of organic development much of the former constitutional system. It cannot therefore be understood without reference to the growth of the institutions of government which took place during the years preceding the emergence of Ghana as an independent republic. The purpose of the present chapter is to trace briefly the course of this development, beginning with the assumption of jurisdiction by the British Crown in 1821.1 The history of the four centuries preceding this event is one of great confusion and shifting of populations, in which the tribal systems were being modified by wars and invasions among the Africans themselves and also by the activities of traders from almost every European country.
    [Show full text]
  • "National Integration and the Vicissitudes of State Power in Ghana: the Political Incorporation of Likpe, a Border Community, 1945-19B6"
    "National Integration and the Vicissitudes of State Power in Ghana: The Political Incorporation of Likpe, a Border Community, 1945-19B6", By Paul Christopher Nugent A Thesis Submitted for the Degree of Doctor of Philosophy (Ph.D.), School of Oriental and African Studies, University of London. October 1991 ProQuest Number: 10672604 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10672604 Published by ProQuest LLC(2017). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 Abstract This is a study of the processes through which the former Togoland Trust Territory has come to constitute an integral part of modern Ghana. As the section of the country that was most recently appended, the territory has often seemed the most likely candidate for the eruption of separatist tendencies. The comparative weakness of such tendencies, in spite of economic crisis and governmental failure, deserves closer examination. This study adopts an approach which is local in focus (the area being Likpe), but one which endeavours at every stage to link the analysis to unfolding processes at the Regional and national levels.
    [Show full text]
  • History of Ghana Advisory Board
    THE HISTORY OF GHANA ADVISORY BOARD John T. Alexander Professor of History and Russian and European Studies, University of Kansas Robert A. Divine George W. Littlefield Professor in American History Emeritus, University of Texas at Austin John V. Lombardi Professor of History, University of Florida THE HISTORY OF GHANA Roger S. Gocking The Greenwood Histories of the Modern Nations Frank W. Thackeray and John E. Findiing, Series Editors Greenwood Press Westport, Connecticut • London Library of Congress Cataloging-in-Publication Data Cocking, Roger. The history of Ghana / Roger S. Gocking. p. cm. — (The Greenwood histories of the modern nations, ISSN 1096-2905) Includes bibliographical references (p. ) and index. ISBN 0-313-31894-8 (alk. paper) 1. Ghana—History. I. Title. II. Series. DT510.5.G63 2005 966.7—dc22 2004028236 British Library Cataloguing in Publication Data is available. Copyright © 2005 by Roger S. Gocking All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 2004028236 ISBN: 0-313-31894-8 ISSN: 1096-2905 First published in 2005 Greenwood Press, 88 Post Road West, Westport, CT 06881 An imprint of Greenwood Publishing Group, Inc. www.greenwood.com Printed in the United States of America The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48-1984). 10 987654321 Contents Series Foreword vii Frank W. Thackeray and John
    [Show full text]
  • Judiciary of Ghana(Anti Corruption Action Plan
    JUDICIARY OF GHANA REPUBLIC OF GHANA ANTI-CORRUPTION ACTION PLAN FOR THE JUDICIARY AND JUDICIAL SERVICE (2017 - 2019) The Judiciary of Ghana – Uprooting corruption, wherever it is found' MESSAGE FROM HER LADYSHIP THE CHIEF JUSTICE he Judiciary of Ghana, supported by the Judicial Service, is a key institution in the fight against corruption. It is within our Courts that all cases of corruption are prosecuted and the guilty sentenced. TIn playing this crucial role, we ensure that public funds meant to provide critical services to all Ghanaians are protected so that our country can continue to grow, services are provided to all our people, and poverty is addressed and eradicated. But none of Ghana's institutions are totally free from corruption and we too have experienced more than our fair share. Corruption amongst Judges and staff undermines our very being, erodes public trust and confidence, and cannot and will not be tolerated. We, the Judiciary and the Judicial Service, are committed to addressing and eradicating corruption within our ranks: as the slogan on the cover of this Action Plan suggests, we will uproot corruption wherever it is found. We have already taken many steps in this regard and will continue to do so with vigour and determination. With that in mind, it is my pleasure to present this Anti-corruption Action Plan for the period 2017-2019 to you, our fellow Ghanaians, so that you may see our plans and hold us to account. Together we will win the fight. Her Ladyship Justice Sophia A.B. Akuffo Chief Justice of Ghana (2017).
    [Show full text]
  • Appointment and Removal of Judges and Assignment of Files at Civil Courts in Ghana – Current Issues
    Appointment and removal of judges and assignment of files at Civil Courts in Ghana – current issues. by Sedina AGBEMAVA The Commonwealth Latimer House Principles in its laid down guidelines for the indepen- dence of the Judiciary states "An independent, impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice. The function of the judiciary is to interpret and apply national constitutions and legislation, consistent with international human right conventions and international law, to the extent permitted by domestic law of each Commonwealth country. To secure these aims, Judicial appointments should be made on the basis of clearly defined criteria and by a publicly declared process. The process should ensure equality of opportuni- ty for all who are eligible for judicial office, appointment on merit, and that appro- priate consideration is given to the need for the progressive attainment of gender equality and the removal of other historic factors of discrimination, arrangements for appropriate security of tenure and protection of levels of remuneration must be in place... Judges should be subject to suspension or removal only for reasons of incapacity or misbehaviour that clearly renders them unfit to discharge their duties" It would seem that the Ghanaian judiciary has adopted these guidelines in addition to the Constitutional provisions and other statutes like the Courts Act, 1993, Act 4591 and the Ju- dicial Service Act, 1960C A 102 in the appointment and removal of judges. The Constitution of the Republic of Ghana, 1992, states in Article 126 (1) (a) & (b) that the Judiciary shall consist of; a) the Superior Courts of Judicature comprising; (i) the Supreme Court (ii) the Court of Appeal (iii) the High Court and Regional Tribunals (b) such lower courts and tribunals as Parliament may by law establish.
    [Show full text]
  • The Role of the Supreme Court in the Development of Constitutional Law in Ghana
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Unisa Institutional Repository THE ROLE OF THE SUPREME COURT IN THE DEVELOPMENT OF CONSTITUTIONAL LAW IN GHANA by SETH YEBOA BIMPONG-BUTA i THE ROLE OF THE SUPREME COURT IN THE DEVELOPMENT OF CONSTITUTIONAL LAW IN GHANA by SETH YEBOA BIMPONG-BUTA Submitted in accordance with the requirements for the degree of DOCTOR OF LAW – LLD at the UNIVERSITY OF SOUTH AFRICA PROMOTER PROFESSOR B P WANDA 1 February 2005 ii ABSTRACT The Theme running through this Dissertation is intended to prove that the Supreme Court has a role to play in the promotion, enforcement and sustenance of a proper democratic system of government, good governance and fundamental human rights and freedoms in Ghana. The Study would therefore address the role of the Supreme Court in the development of Constitutional Law in Ghana, with particular emphasis on the court’s contribution to the underlying concepts of the Fourth Republican Constitution of 1992; the guiding principles of constitutional interpretation and the vexed issue of whether the court should adopt a mechanical and literal approach to the interpretation of the Constitution or adopt a liberal, beneficent and purposive approach. The Supreme Court has asserted in the locus classicus decision: Tuffuor v Attorney-General [1980] GLR 637 that the 1979 Constitution as the supreme law, must be construed as a living political document capable of growth. Is there any evidence now to support that claim? The study shall also investigate the question of the power of the Supreme Court to review legislative and executive action.
    [Show full text]
  • Mother Tongue Scriptures, Key to Effective Discipleship Mrs Comfort Ocran - Board Secretary
    OCTOBER MOTHER 2017 TONGUE NEWS FROM GILLBT Partnerships CONTENT 01 Message from the Director BOARD OF DIRECTORS Bridging the Old Testament 02 Translation Gap Rev. Thomas Sayibu Imoro - Chairperson 06 GPCC Membership and AG Prof. Akosua Adomako Ampofo - Deputy Chairperson Endorsement Dr. Paul Opoku-Mensah - Executive Director 07 Mother Tongue Scriptures, Key to Effective Discipleship Mrs Comfort Ocran - Board Secretary 08 ICGC Visit: Dr. Mensa Otabil and Mr. Francis Kusi - Member ICGC as Inspirational Partners Apostle Dr. Opoku Onyinah - Member 09 New Direction for Church Engagement Professor E.V.O. Dankwa - Member 12 Bible Society of Ghana and GILLBT Rev. Dr. Solomon Sule-Saa - Member to establish a National BT Platform Rev. Ko Okyere - Member 13 Jesus Speaks Logba Rev. Professor Abraham Berinyuu - Member 14 Buli Bible Dedication Rev. Dr. Isaac Ababio - Member Nkonya Audio New Testament Dr. S. M. Zachariah - Member 15 and Psalms Launched Rev. Samuel Otu-Appiah - Member 16 Reconnecting with the Institute of African Studies - Our Founding Partner 17 GILLBT and SIL Africa; Partners in Basic Education in Ghana 18 Feedback from our Readers 20 Celebrations Editor in Chief Dr. Paul Opoku Mensah [email protected] Editor Arthur Abraham Otabil [email protected] Graphic Designer Mike Ewusi Arthur [email protected] ISSN 0855 1480 Message From The Director Organisation”. In effect, our very identity a degree of intensity and formalization and legitimacy was tied to these external that did not exist in the past. But this new partnerships, and the changes within them. direction also includes partnerships with non- church institutions in Ghana that are enabling The strategic decisions we have taken us to extend the relevance and impact of since the establishment in 2010 of an all- our work.
    [Show full text]