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Maritime adjudication in Ghana moves a notch higher

By GNA
Politics Maritime adjudication in Ghana moves a notch higher
MAY 25, 2017 LISTEN

Accra, May 25, GNA - Judges of the Superior Courts and legal practitioners' efforts to give fair judgement in maritime cases has been given higher impetus with the launch of 'The Admiral'.

The Admiral which is a compendium of compilation of papers delivered by experts in various subject areas of maritime law over the past ten years was to provide a quick reference source and to ensure quality judicial interpretations and adjudication of disputes on maritime issues.

Dr Kofi Mbiah, Chief Executive Officer of the Ghana Shippers Authority explained that 'The Admiral,' would provide the much needed reference for updating the knowledge of Judges and Justices of superior Courts of Ghana and Law practitioners.

Dr Mbiah who is an internationally acclaimed expert in Maritime Law noted that it was paramount for judges and legal practitioners to be abreast with new developments in the dynamic field of maritime law.

'In view of the international character of the business of maritime trade and transport, the legal rules that attend to its operations are also international in nature, therefore an onerous duty is placed on national judges when they assume jurisdiction to determine cases which have international ramifications,' he said.

Dr Mbiah said when the Maritime Law empowerment seminar for Judges of the Superior Courts of Ghana was instituted years back, many were those who thought it was a passing project, but through the support of the Judiciary Training Institute decades on 'we are proud to produce the compendium'.

He said the Maritime Law Empowerment tutorial focuses on creating awareness for the bench and bar in the areas of maritime law to enable a better appreciation of this specialised area of law.

It had also strengthened the nexus between maritime commercial interests and the judiciary; and served as an avenue for updating judges on developments in maritime law and brought out the peculiarities of the practice of maritime law in Ghana.

Dr Mbiah noted that maritime law was highly complex, in major part because it was essentially a complete system of law developed to deal with the almost unique problems of a multi-faceted industry, but also because it must continuously evolve in order to comprehend unceasing advances in technology and consequent challenges to and changes in commercial practice.

He said as part of efforts to promote and protect the interests of shippers in relation to international trade and transport logistics, the Authority has consistently organised seminars, and workshops for import and export shippers as well as stakeholders of the shipping industry to update them on developments in the dynamic international shipping environment.

Mrs Justice Georgina Theodora Wood, the Chief Justice who launched the Admiral stated that 'the birth of the Admiral adds to the irreversible attempts made through continuing judicial education to build the judicial muscles and intellectual capacity of our justices in maritime law.

'Now with the compendium in hand, our judges are in a position to adjudicate international maritime trade and transport disputes that come before them.'

The Chief Justice noted that in order to avoid intellectual decay and to keep abreast with developments in the law, the contemporary judge needs not only refresher training, but also new knowledge in specialised fields.

She said the Compendium addressed issues of admiralty law from its holistic antecedents to the contemporary legal regime in public international law; 'It indeed serves you with an admixture of the international law relating to trade and transport, aviation, road transport, the marine environment, the arrest of ships and other public law issues including maritime boundary delimitation.

'Without doubt, the law relating to the multiple uses of the sea is very complex and specialised subject...however through this compendium; maritime law is reasonably within your reach.'

The Chief Justice said the compendium would not only serve the needs of judges, lawyers, legal academics but also students, practitioners and researchers.

She noted that: 'there is no doubt that as judges we wield enormous powers and occupy a privileged position in society.

'The honour accorded to us as Judges Spring from the recognition that under the constitutional governance, the rule of law can only effectively operate within a framework of laws'.

Justice J. B. Akamba, a retired Supreme Court Judge who chaired the launch commended the GSA, Judicial Training Institute and other stakeholders for their contribution to the compilation of the compendium.

GNA

By Francis Ameyibor, GNA

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