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Showing posts from September, 2017

ITLOS UNANIMOUS VERDICT, THE WAY FORWARD FOR GHANA

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I n September 2014, Ghana hauled Cote d’Ivoire to the Special Chamber of the International Tribunal for the Laws of the Sea after negotiations over a maritime dispute concerning the West Cape Three Points broke down. Whilst the tribunal rejected Ghana’s claim that Cote d’Ivoire is estopped from making a claim for the disputed territory because of prior conduct, the Chamber equally rejected Ivory Coast’s claim that a meridian measurement is used. The Special Chamber made seven solid declarations and unanimous decisions: (1) Unanimously finds that it has jurisdiction to delimit the maritime boundary between the Parties in the territorial sea, in the exclusive economic zone and on the continental shelf, both within and beyond 200 nm. (2) Unanimously finds that there is no tacit agreement between the Parties to delimit their territorial sea, exclusive economic zone and continental shelf both within and beyond 200 nm, and rejects Ghana’s claim that Côte d’Ivoire i...

LABOUR LAW OF 2003, ACT 651: GENESIS OF TERMINATION OF EMPLOYMENT

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Under Act 651, a contract of employment may be terminated by either party at any time. However, where the contract of employment is for three (3) years or more, it may be terminated upon a month’s notice or a month’s pay in lieu of notice. Where the contract of employment is less than three years, two weeks' notice or two weeks' pay in lieu of notice is required. In the case of contract from week to week, seven days' notice is required to be given to the employee. In the event that the contract of employment is determinable at will by either party, it may be terminated at the close of any day without notice. Under the law however, termination maybe deemed to be unfair where the termination is only by reason of the fact that the worker intends to join a trade union or has ceased to join a trade union; that the worker has participated in proceedings against the employer: of race, colour, religion; or in the case of a pregnant woman as a result of the pregna...

THE LAW AND CONFLICT OF INTEREST: A MAJOR STAKEHOLDER IN OUR POLITICS (FIRST EDITION)

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SAINT-AYISI SAMUEL It is the failure to adhere to the prohibitions governing conflict situations that may amount to an infringement of the rules. A Conflict of interest situation arises when an office holder places himself in a position that results in a rivalry between his personal and official interests. The rule derives its roots from the common law rule of natural justice, which postulates that no one should be a judge in his own cause. (Nemo judex in causa sua) . The rules on conflict of interest have been given elaborate expression in all legislation, statutes, rules and regulations bordering on corporate governance. The constitution of the republic of Ghana, The companies code, the Civil Service Act, and all other Acts of Parliament setting up Governmental agencies have provided room for the rules on conflict of interest. Conflict of interest is not an eccentricity or an aberration as known. It is the failure to adhere to the prohibitions governing confl...