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Item Academic Freedom and Its Protection in the Law of European States(BRILL NIJHOFF, 2016) Appiagyei-Atua, K.; Beiter, K.D.; Karran, T.Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.Item Academic Freedom in Africa: Linking the Past to the Present and Future in University Values(2009) Appiagyei-Atua, K.The right to academic freedom derives from other rights and freedoms such as freedoms of thought, conscience, religion, expression, assembly, association and movement; and rights to life, liberty, education and culture. It is therefore a freedom that cannot enjoy a separate existence or be enjoyed in isolation. It needs other freedoms to flourish and its enjoyment promotes or facilitates the enjoyment of other rights and freedoms. On that basis, it can be concluded that the struggle for academic freedom is an integral part of the general struggle for human rights. Like judicial freedom, the enjoyment of academic freedom is not necessarily to promote the interest of the individual academic but as a tool to promote academic excellence, generally. To talk about academic freedom in the African context, it is important to situate the discussion in its past in order to better relate it to the present and future.Item An Advocacy Coalition Approach to Water Policy Change in Ghana: A Look at Belief Systems and Policy Oriented Learning(2009) Ainuson, K.The Advocacy Coalition Framework (ACF) was developed by Sabatier and Jenkins Smith in 1993 to explain and predict policy change. Bloomquist and other scholars have referred to the ACF as one of the most promising theoretical frameworks for studying the policy process. The ACF has been applied widely to policy change in a plethora of substantive policy areas in the United States, as well as in Canada, the United Kingdom and Australia. However, the ACF has not yet been applied to explain the policy process in Africa. Thus, to test the robustness of the framework, this research applies the ACF to explain water politics and the water policy process in Ghana. This research specifically looks at the belief systems and policy oriented learning in water policy change in Ghana. Using a combination of survey methodology and key interviews, the research tests two hypotheses of the ACF; i) Coalition members are more likely to interact with actors they perceive as sharing their beliefs than actors who do not share their beliefs; ii) Policy oriented learning is likely when there is the presence of a professionalized forum than when there is not. The findings show that the ACF offers a good explanation of the water policy process in Ghana.Item The Capture of Institutional Autonomy by the Political Elite and Its Impact on Academic Freedom in African Universities(ERIC, 2015) Appiagyei-Atua, K.; Beiter, K.D.; Karran, T.Although the cradle of university education is traced to Africa, modern university education in Africa emanated from European systems which set the tone for their replication on the continent through colonialism. For ideological and other reasons, African universities were subjected to significant violations of their institutional autonomy after independence, which trickled down to affect academics and students alike and thereby violated academic freedom generally. One major area where the abuses centred was the appointment of political leaders to occupy the high echelons of university management and to run the universities as political organs of the one-party systems in vogue at the time. Discussion of this subject has mainly centred on critiquing the excesses of immediate post-colonial governments, sometimes with no linkage to academic freedom. Where academic freedom is introduced into the discourse, the key components of the concept of academic freedom are not clearly delineated and discussed in a manner that links one component to the other. This paper aims to fill this gap. It does so by developing a theoretical framework for academic freedom which is used to analyse and categorise violations of academic freedom under its five pillars--institutional autonomy, self-governance, tenure, individual rights and freedoms for academics, and individual rights and freedoms for students. The paper also examines the factors responsible for the violations of academic freedom and their impact on the evolution of higher education in Africa.Item The Child Labour Quagmire in Ghana: Root Causes and Ephemeral Solutions(Cambridge University Press, 2021) Dowuona-Hammond, C.; Atuguba, R.A.; Tuokuu, F.X.D.Item Clinical Legal Education: An Introduction and Proposals for Reform(2007) Manteaw, S. O.,Item Colonial and Post-Colonial Antecedents of Minority Rights Issues in Africa(2009) Appiagyei-Atua, K.; Atupare, P.This paper contends that a comprehensive analysis of minority rights in the African context is located in the continent ’s brush with colonialism which found active support in the liberal/conservative approach to international law. At the time of independence, African leaders had the opportunity to reverse these trends, particularly as they sought to create tension within the existing international legal framework and to chart a new path for international law that foregrounds the interests of developing countries. Yet, Africa rather sought to perpetuate the policies of homogenisation, modernisation and evolution embedded in liberalism which in turn led to marginalisation, discrimination and disenfranchisement of minority groups. It is the position of the paper that unless these colonial-postcolonial antecedents are properly exposed, minority rights in Africa would not be effectively contextualised and addressed.Item The Colonial State Lives on: Reflections on the Colonial Character of Ghana’s Police”.(African Agenda 7(11): 14-15, 2008) Atuguba, R. A.Crime may not be rising but the public feels unsafe with the increasing sophistication associated with violent crimes. The fear comes not only from criminals and their sophisticated tactics but also the very people paid and clothed with tax payers’ money to protect the public and the state-the police. As in much of colonized Africa, policing in Ghana has hardly changed half a century after independence. It remains steeped in the vicious mindset that informed policing as instituted by the British colonialists.Item Colonial-Postcolonial Antecedent of Minority Rights Issues in Africa’ in Contemporary Issues in Law and Economics II(2009) Atupare, A. P.; Appiagyei-Atua, K.This paper contends that a comprehensive analysis of minority rights in the African context is located in the continent ’s brush with colonialism which found active support in the liberal/conservative approach to international law. At the time of independence, African leaders had the opportunity to reverse these trends, particularly as they sought to create tension within the existing international legal framework and to chart a new path for international law that foregrounds the interests of developing countries. Yet, Africa rather sought to perpetuate the policies of homogenisation, modernisation and evolution embedded in liberalism which in turn led to marginalisation, discrimination and disenfranchisement of minority groups. It is the position of the paper that unless these colonial-postcolonial antecedents are properly exposed, minority rights in Africa would not be effectively contextualised and addressed.Item Colonialism to Globalism: The Human Rights and Democratic Deficits in Western Development Policies for Africa,” in Contemporary Issues in Law and Economics(2007) Appiagyei-Atua, K.; Atupare, A. P.,; Bentil, J.Item Colonialism to Globalization: The Human Rights and Democratic Deficits in Western Development Policies in Africa” in Contemporary Issues in Law and Economics(2007) Atupare, A. P.; Appiagyei-Atua, K.; Bentil, J.Item Competitiveness of Ghana’s Upstream Petroleum Fiscal Regime: Fit for Purpose?(Petroleum Resource Management in Africa, 2023) Acheampong, T.; Ali-Nakyea, A.This chapter assesses the attractiveness of Ghana’s upstream petroleum fiscal regime against key features of optimal fiscal policy, namely: efficiency of targeting economic rents, risk sharing, neutrality and progressiveness. We also identify potential fiscal reform options that Ghana can consider in optimising its fiscal regime. Various full lifecycle cash flow models are estimated using three oil field sizes—large (750 mmboe), medium (250 mmboe), small (50 mmboe)—with different cost profiles and four different pre- and post-Jubilee contract terms. Our results show that Ghana’s fiscal regime is investor-friendly with an average effective tax rate (AETR) or government take of 51.38% from royalties, IOC income taxes, and additional oil entitlements (AOE). The inclusion of the State’s Carried and Participating Interest (state take) pushes the AETR into the 65%–75% range, comparable with 65%–85% IMF benchmark values. In the context of Ghana’s low resource base, this balances the trade-offs between investment promotion and securing revenues to the State, especially when compared with other countries in the region and beyond. Also, we find that Ghana’s hybrid fiscal regime is regressive at the lower end of the oil price scale if oil prices are below $60/bbl while being slightly progressive with increasing oil prices above $60/bbl. In terms of the windfall tax structure, simulations using four tax scenarios indicate that the current AOE regime underperforms on the size and timing of revenues generated to the State. The windfall tax regime can be vastly simplified and at the same time accrue more revenues to the State by reducing the current five tiers to one: using a higher top headline rate while also lowering the trigger threshold. Furthermore, Ghana can also consider introducing targeted fiscal packages aimed at maximising economic recovery of over 500 mmboe of stranded reserves. Finally, we note significant institutional challenges regarding the capacity of some State agencies to efficiently and effectively monitor petroleum costs. In the absence of a change to the fiscal regime, the ability of Ghana’s regulatory and commercial institutions to monitor and audit costs will determine the extent to which the nation will generate significant revenues beyond just royalties and State participation.Item The composite theory : an African contribution to the academic freedom discourse(Sabinet, 2015-01) Appiagyei-Atua, K.; Beiter, K.D.; Karran, T.This article expounds the Composite Theory to define the parameters for the exercise of academic freedom in Africa, informed by its political, historical and cultural circumstances and expressed in the Dar es Salaam Declaration on Academic Freedom and Social Responsibility of Academics and the Kampala Declaration on Intellectual Freedom and Social Responsibility. This approach follows in the line of the Special Theory and General Theory postulated to justify the exercise and application of academic freedom in Germany and the United States of America, respectively. The Composite Theory contends that academic freedom in the African context should not only be seen in the narrow prism of protecting the rights of academics on and off the university campus. It includes a commitment to recognise and contribute to promoting the rights of other key actors in the academic freedom equation, to wit, students and the society as a fulfilment of the academic's social responsibility. This role can be fulfilled both within and outside the university campus. Internally, academics shall respect students' right to academic freedom and immerse knowledge-sharing in a democratic ethos. This approach will likely instil in the students respect for democracy, human rights and the rule of law, which they will carry away with them from the university into life within the society. Extramurally, equipped with their knowledge, skills and experience, African academics should take advantage of their privileged positions in society to leave their ivory towers and, where necessary, solidarise with other civil society actors to promote social transformation and human emancipation. This is the guaranteed way to protect academic freedom on the campuses.Item Conclusion: The Future of Ghana’s Petroleum Industry(Petroleum Resource Management in Africa, 2023) Stephens, T.K.; Acheampong, T.In recapping the central ethos of this book—which is about examining the lessons from ten years of oil and gas production in Ghana—it is pertinent to go back to the near-epiphanic statement made by Ghana’s Former President, John Agyekum Kufuor, at the formal announcement of the first commercial oil discovery in the country on 19 June 2007. President Kufuor famously remarked.