The Domestication of International Law in African Settings: Seven Normative Options in Ghana

In: Vienna online journal on international constitutional law: ICL-Journal, Volume 17, Issue 4, p. 403-431

Abstract

Abstract
In this article, we explore seven ways in which Ghana absorbs principles of International Law into her bosom. The safest mechanism Ghana has utilised over the years for this purpose has been the domestic ratification of international conventions through the mechanism of a law passed by her Parliament. Another mechanism is the ratification of such conventions by the passage of a Resolution by her Parliament. Furthermore, existing principles of Ghanaian law may coincide with principles of International Law. Again, principles of Customary International Law are considered a part of the Common Law of Ghana. There are also instances where Domestic Law incorporates International Law by reference. A sixth mechanism is where there is a lacuna in Ghanaian law regarding a particular issue and government officials and judges resort to principles of International Law to fill that void. Finally, International Law may find expression in domestic Ghanaian law where judges, in the process of elaborating on domestic legal principles, call in the principles of International Law.