A Commitment to Law, Development and Public Policy: A Festschrift in Honour of Nana Dr. SKB Asante

Richard Frimpong Oppong, Kissi Agyebeng (Herausgeber)

Buch | Hardcover

724 Seiten

2016 | UK ed.
Wildy, Simmonds and Hill Publishing (Verlag)
978-0-85490-214-9 (ISBN)

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A Festschrift is a celebration in writing. This Festschrift honours Nana Dr. Samuel Kwadwo Boaten Asante - a most distinguished legal scholar, practitioner and policymaker and a towering figure in the Ghanaian legal community. Throughout his academic and professional life, Dr. SKB Asante advanced the interests of the developing world through his scholarship, advocacy and counsel in law, development and public policy matters. Through a career that spans more than half a century of working with international organisations such as the United Nations and the World Bank, various governments around the world and academic establishments in Ghana and abroad, he worked tirelessly to introduce fresh perspectives to provide countries at the periphery of the international system with a meaningful opportunity to pursue their development aspirations. Dr. Asante is a former Solicitor-General and Deputy Attorney-General of Ghana. He was the Chairman of the Committee of Experts that drafted proposals for Ghana’s current Constitution. He has published extensively including articles in the Yale Law Journal, American Journal of International Law, Review of Ghana Law and Cornell Law Journal.

This Festschrift contains forty-two chapters written by forty-seven authors with outstanding credentials from various countries. The authors include Justices of the superior courts of Ghana, England and Wales; a Judge of the Iran-United States Claims Tribunal; experts on international investment law, international and domestic arbitration, natural resources law, constitutional law, transnational corporations and public international law; and legal practitioners, policy makers and academics from a great variety of institutions including Harvard Business School, Georgetown University Law Centre, Oxford University, University of Ghana, Cornell University Law School, Transparency International, and the Ghana Arbitration Centre ). Their essays examine Dr. Asante’s life, work and scholarship, and probe issues arising in foreign investments and international business transactions; national and international dispute resolution; public international law, governance and constitutionalism; perspectives on nation building; natural resources, land and the environment; and law, development and policy.

PART I: REFLECTIONS ON THE LIFE, WORK AND SCHOLARSHIP OF NANA DR. SKB ASANTE
From an African Village to the Global Village and Back: A Fictional Story on the Life and Career of Nana Dr. SKB Asante (Mr. Benjamin Kwakye)
Law and Life – The Measure of the Man: An Essay in Honour of Nana Dr. SKB Asante (Justice VCRAC Crabbe)
Ahead of His Time: Samuel KB Asante (Professor Daniel Magraw and Ms. Lilla Fördős)
Nana Dr. SKB Asante: A Most Highly Qualified Publicist of Public Inter-national Law (Mr. Emmanuel Yaw Benneh)
Ghana’s International Borrowing and other International Business Transactions: Perspectives of Nana Dr. SKB Asante (Dr. Kwaku Addeah)
The Debate on Corporate Responsibility under International Investment Law: The SKB Asante Contribution (Ms. Vuyelwa Kuuya and Mr. Kofi Adjepong-Boateng)
Recollections of an American Friend of Dr. Samuel KB Asante (Judge Charles N Brower)
Legal Advisor to the Developing World (Mr. Samuel Stern)

PART II: ISSUES INVOLVING FOREIGN INVESTMENTS AND INTERNATIONAL BUSINESS TRANSACTIONS
Bilateral Investment Treaties, the Settlement of Investment Disputes, and Developing Countries (Professor Muna Ndulo)
National Foreign Direct Investment Policy Competition and the Changing International Investment Regime (Dr. Karl P Sauvant)
Regulating Transnational Corporations: An Unending Quest for Global Economic Justice (Dr. Victor Essien)
The Challenge of a Multilateral Regulatory Framework for Investments: New Approaches and Instruments (Dr. Antoine Basile)
Should Governments Demand Equity in Foreign-Owned Extractive Projects? (Professor Louis T Wells)
“Spare the Sinner Punish the Righteous”: A Review of the Supreme Court of Ghana Jurisprudence on International Business Transactions (Mr. Christopher Y Nyinevi)

PART III: NATIONAL AND INTERNATIONAL DISPUTE RESOLUTION
Alternative Dispute Resolution and its Relationship with the Judicial Process in the United Kingdom (Sir William Blair)
African National Courts, International Arbitral Tribunals and the Quest for Harmonious Relations (Dr. Francis Botchway)
Transfer Pricing, Baseball and International Arbitration (Professor Charles H Gustafson)
International Business Transactions, Arbitration and the Constitution of the Republic of Ghana (Dr. Richard Frimpong Oppong)
Defective and Pathological Clauses in International Commercial Arbitration Agreements (Justice Barbara F Ackah-Yensu)
The New York Convention, Arbitration Agreements and Enforcement of Foreign Arbitral Awards in Ghana (Justice Samuel Marful-Sau)
Administration of Justice by Traditional Authorities in Ghana: An Exposition on the Law and Practice (Ms. Phyllis M Christian)
Dispute Resolution and Consumer Protection in Ghana (Dr. Lydia A Nkansah, Ms. Jennifer Djanbea Asare and Mr. George Out)

PART IV: PERSPECTIVES ON NATION BUILDING IN THE DEVELOPING WORLD
Language that Denigrates, Language that Threatens, and the Challenge of Nation Building under a Constitutional Democracy (Professor Henrietta JAN Mensa-Bonsu)
Personal Reflections on the Fragility of States in the Developing World and Attempts to Proscribe Hate Speech and Speech that Threatens the Polity (Mr. Dominic K Asante)
African Interests in Interpreting the Notion of “Failed States”: Law, Regionalism and Global Governance (Professor Henry J Richardson III)

PART V: GOVERNANCE, RULE OF LAW AND CONSTITUTIONALISM
Organised Civil Society Helps Better Global Governance (Dr. Peter Eigen)
Rule of Law and Constitutionalism in Ghana: Some Recent Case Law (Justice Samuel Kofi Date-Bah and Professor Albert Kodzo Fiadjoe)
Promoting, Nurturing and Sustaining the Rule of Law in Ghana (Professor Kwame Frimpong)
When Officials Decide: A Study of the History and Nature of Discretionary Powers in Ghana (Maame AS Mensa-Bonsu)
Ghana’s Council of State: Free & Fit to Counsel? (Ms. Julia Selman Ayetey)
“Progressional Chiefs”, “Service Chiefs” and “Heads of Communities” in the Chieftaincy Institution of Ghana and their Legal Effect (Justice Dennis Dominic Adjei)

PART VI: NATURAL RESOURCES, LAND AND THE ENVIRONMENT
SKB Asante and the Half-Century Debate on Resource Nationalism in the Developing World (Dr. Raymond A Atuguba)
Establishing a New Legal Regime for Petroleum Exploration, Development and Production in Ghana –The Role of the United Nations Centre on Transnational Corporations (Mr. Tsatsu Tsikata)
Managing Oil Revenue for Economic Development: An Examination of the Fiscal Regime Relating to Petroleum Development in Ghana (Mr. Solomon F Amoateng)
Land Administration in Ghana: A Prognosis (Professor John Tiah Bugri):
The Environment: Our Silent Heritage (Dr. Letitia E Obeng)

PART VII: PUBLIC INTERNATIONAL LAW
African Union and the International Criminal Court: The Imperative of Reconciling the Ends of Justice with Considerations for Peace (Mr. Emmanuel Yaw Benneh)
Re-thinking the Domestication of International Treaties in Ghana (Mr. Ernest Yaw Ako)

PART VIII: ISSUES INVOLVING LAW, DEVELOPMENT AND POLICY
International Intellectual Property Law and Africa: Considerations of Human Rights and Development (Dr. Edward Kwakwa)
Advances in Medicine, Regulation of Health Care and the Search for Appropriate Legal Framework in Ghana (Dr. Ernest Owusu-Dapaa and Mr. Justice Osei-Afriyie)
Legal Reforms in Ghana and the Reality of a Hybrid Legal Personality (Dr. Ama Hammond)
Injustice Masquerading as “Justice”: The Adverse Effects of European Values on African Legal Systems (Nana Kobina Nketsia V)

EPILOGUE
Actors in the Transition from an African Village to the Global Village and Back: Reflections and Words of Appreciation (Nana Dr. SKB Asante)

Erscheinungsdatum	03.12.2016
Verlagsort	London
Sprache	englisch
Maße	152 x 229 mm
Gewicht	1160 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Internationales Privatrecht
ISBN-10	0-85490-214-7 / 0854902147
ISBN-13	978-0-85490-214-9 / 9780854902149
Zustand	Neuware