International Law in Ghana: A Study of the Attitudes, Knowledge and Use of International Law by Judges and Lawyers

While international law is widely accepted and applied within Western nations, in many developing countries its relevance is often questioned and its implementation constrained and haphazard. Consequently, some developing states are bound by treaties at the international level while simultaneously depriving subjects of international law of the benefit of those same treaties at the domestic level. The awareness and application of international law by domestic lawyers and judges is a crucial aspect of rectifying this problem. The article reports the results of our study which sought to ascertain the attitudes of Ghanaian superior court judges and practising lawyers toward international law. The article will assess the degree to which lawyers use international law in their legal submissions and whether this is viewed positively or negatively by the bench. The article will also consider the manner in which Ghanaian superior court judges interpret and apply international law. Finally, the degree of knowledge of international law held by the respondents will be explored.