School of Law

Permanent URI for this collectionhttp://197.255.125.131:4000/handle/123456789/5047

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    Students’ academic freedom in African universities and democratic enhancement
    (African Human Rights Law Journal, 2019) Appiagyei-Atua, K.
    This article makes a case for the need to recognize students’ right to academic freedom as a necessary component of the academic freedom matrix in addition to that of the university and academics. It seeks to affirm this position by exposing the various categories of rights that students are entitled to enjoy on and off campus. The conclusion reached is that the academic freedom of the three actors (university, academics, students) are indivisible, interdependent, and interconnected; and that the suppression of students’ right to academic freedom has the a consequence of denying them the right to engage democratically in the university campus which could spill over into their involvement in realpolitik in the real world.
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    Are Sub-Saharan African Countries Losing it on Oil and Gas Revenue Management Too? Evidence from Ghana
    (International Journal of Energy Economics and Policy, 2019) Ali-Nakyea, A.; Amoh, J.K.; Mohammed, N.A.
    The judicious management of revenues from natural resources has been challenging. This paper examines the effectiveness of Revenue Management. Laws for oil and gas revenues in Ghana. This is to assess whether Ghana has learned any lessons from the challenges of mineral revenue management. The study found that the management of the minerals and mining sector revenues is disturbing and some imminent problems identified in the management of the recent oil and gas revenues. The study recommends the adoption of Drysdale’s five principles of effective natural resource revenue management to avoid such problems associated with an influx of natural resource wealth. We recommend a consolidation of Petroleum Revenue Management Act, 2011 (Act 815) and the Petroleum Revenue Management (Amendment) Act, 2015 (Act 893) to provide consistency in interpreting the oil and gas Revenue Management Laws. We posit that with the experiences in the minerals and mining sector emphasized and the implementation of our recommendations, Ghana would be better informed on how to establish an effective and efficient framework to manage oil and gas revenues to spur Ghana beyond aid.
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    Women’s Survival in Ghana: What Has Law Got to Do With It?
    (Sage Open, 2020) Christine Dowuona-Hammond; Raymond A. Atuguba; Francis Xavier Dery Tuokuu
    In the 21st century, women around the world continue to face societal, economic, and sexual adversities, even as the “#MeToo” and “Time’s Up” movements appear to have excited a new tone toward the fight for gender equality and female empowerment. In this context, and in the broader context of liberating women from the oppressive shackles of a world that seems to punish women for their mere existence, this article tackles issues that are mainly peculiar to Ghana, and which have an impact on the equality, empowerment, and survival of women. The article discusses the laws, policies, and regulations that have been established to improve the lives of women in Ghana. It also examines the scourge of dangerous, discriminatory practices such as female genital mutilation, the banishment of suspected witches, and inhumane widowhood rites, which are detrimental to the survival of women in Ghana. The article recognizes that the lack of sustained growth in women’s progress globally, and specifically in Ghana, is due in large part to these discriminatory practices that have muted the voices and perspectives of women in decision-making. The law, therefore, is not enough. Some of the pivotal roles nongovernmental organizations (NGOs) have played to empower women include campaigns to repeal legislation adversely affecting women’s inheritance and to improve the fairness of the Parliamentary process, efforts toward the elimination of trokosi, and the initiatives to protect women suspected of witchcraft from humiliation and banishment
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    Does the politics matter? Legal and political economy analysis of contracting decisions in Ghana’s upstream oil and gas industry
    (Journal of World Energy Law and Business, 2021) Stephens, T.K.; Acheampong, T.
    Ghana is often cited as one of Africa’s most stable democracies. Since 2004, the country has awarded 18 petroleum agreements with various international oil companies (IOCs) and their local partners to explore hydrocarbons in their offshore basins. In 2010, Ghana became an oil-producing country fol following earlier commercial discoveries in 2007. Nevertheless, the likelihood of the Ghanaian State getting its fair share of petrodollar revenues primarily depends on its ability to negotiate good petrol eum contracts and effectively regulate the industry. This article examines the legal and political-economic factors that influence contract outcomes in Ghana’s oil and gas industry. It sheds light on how the inner workings of the political economy, especially in a competitive clientelist setup involving in tense electoral competition between two dominant parties in an emerging oil-producing country, influence contractual outcomes—an area less explored in the literature. We find that the country’s emerging oil and gas industry has become deeply intertwined with the pervasive, entrenched, and cli entelist multi-party politics of the day. As such, entrenched rentier social groups—business and political elites—have sometimes sabotaged institutional reform to create conditions that favor rent capture. This is evident, for example, in the award of oil and gas licensing and other supply chain contracts. Ghana’s post-1992 ‘winner takes all’ political mindset and the perceived big financial bonanzas the oil industry offers resulted in suspicions of impropriety regarding the award of some oil acreages. We argue that if the laws were allowed to work, as they should in practice, Ghana’s oil and gas industry would be better regulated, and better outcomes would arise from the contracting process. Discretionary power should be limited as much as possible and, where granted, subject to a high level of scrutiny.
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    Evaluating Ghana's Regulatory Readiness for Safe Nuclear Power Generation Using International Law and Comparative Study Approaches
    (University of Ghana, 2012) Manteaw, S.O.; Kumado, K.; Quashigah, K.
    The National Nuclear Research Institute of the Ghana Atomic Energy Commission (GAEC) has over 16 years experience and good safety record in operating a 30kW Chinese-built tank-in-pool Miniature Neutron Source Reactor for research since 1995. Ghana however does not have a nuclear power plant. In 2007, Ghana officially expressed to the IAEA an interest in deploying a nuclear power plant to form part of the electricity grid to assist her achieve economic growth targets. Nuclear power requires effective regulatory regime that conforms to international nuclear laws on siting, design, construction, commissioning, operation (and decommissioning) of nuclear facilities to protect public health, safety, and the environment. This thesis reviews the sufficiency of Ghana‘s nuclear regulatory regime in dealing with these issues vis-à-vis international legal instruments and five (5) other countries‘ practices, and how any gaps in the legal system may be addressed. The research question is: to what extent is Ghana‘s nuclear power safety regulatory framework effective? It explores whether safety regulatory effectiveness is measurable, and if yes, what should be the main elements of such measurement in Ghana? The hypothesis tested by this question is that effectiveness of Ghana‘s nuclear energy safety regulatory framework is best measured by using a two-pronged nuclear regulation concept: (1) the ―3S‖ concept (i.e., safety, security, and safeguards) and (2) liability and compensation for nuclear and radiological damage. It also examines: (a) whether risk-informed self-regulation is appropriate for Ghana; and (b) what regulatory option on liability and compensation for nuclear damage best suits Ghana? The hypotheses tested in relation to the subsidiary research questions respectively are that risk- informed self-regulation is utilized in Ghana‘s nuclear sector to effectively complement broad prescriptions; and the liability for nuclear damage in Ghana is best based on torts and insurance. The main method used to address the research questions and test the hypotheses is a case study of the regulatory framework effectiveness of GAEC and Radiation Protection Board (RPB) using legislation study, questionnaires and in-depth interviews. GAEC and RPB were selected for the case studies because of their respective legally mandated nuclear promotion and radiation protection functions. Scoping studies, case studies, literature reviews, analyses of international and comparative law, legislation, subsidiary legislation and common law, and a thematic analysis of the information assembled were also utilized in this study. The substantive content of nuclear norms, laws, principles, practices and performance indicators of nuclear energy regulation were identified, assessed, and synthesized in this thesis to provide an apt framework for conducting a composite evaluation of Ghana‘s readiness for effective nuclear power safety regulation. Research findings include: (1) Ghana‘s few existing nuclear energy laws are deficient and none is on nuclear power; (2) efforts to develop a nuclear legal regime are ongoing; (3) GAEC has good safety record in using research reactor for extensive public services; (4) evaluating nuclear energy regulatory effectiveness, often conceptually focuses on the institutionalized regulatory body‘s operations; (5) such a conceptual approach is narrow and may omit other key actors and factors in nuclear energy regulation including the public, environment, operators, liability regimes; (6) a two-pronged “3S”+liability nuclear energy regulation gauge covering safety, security, safeguards and liability for nuclear damage offers a safety-led (concentric cycle, not a Venn linked) comprehensive basis for evaluation; (7) each of the four elements has well- tested conceptual and analytical framework norms for evaluating regulatory effectiveness; (8) for over six decades, international law and several States treat many of the four elements discretely; (9) Ghana‘s nuclear regulation does not tackle all the regulatory elements vital for nuclear power regulatory effectiveness; (10) Ghana‘s applicable legal rules on an act of God causing nuclear damage (e.g. Rylands v. Fletcher applicability) is unclear; (11) for effective regulation the regulator, operator, licensees, government, public, and relevant collaborators must all be seen to influence and contribute to a safety and security conscious nuclear industry; (12) regulatory effectiveness requires both direct and indirect normative and performance indicators; and (13) regulatory readiness is an endless continuum of a sufficient and effective safety culture regime.