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19 Afr. J. Int'l & Comp. L. 1 (2011)

handle is hein.journals/afjincol19 and id is 1 raw text is: WHY GHANA SHOULD IMPLEMENT CERTAIN
INTERNATIONAL LEGAL INSTRUMENTS RELATING
TO INTERNATIONAL SALE OF GOODS TRANSACTIONS
EMMANUEL LARYEA*
I. INTRODUCTION
This article argues that Ghana should implement' certain international legal
instruments (ILls) relating to international sale of goods transactions. The article
submits that the recommended instruments, if adopted, would harmonise Ghana's
laws with aspects of laws that govern international sale of goods globally and
improve Ghana's legal environment for international sale transactions. It would
also afford entities located in Ghana better facilitation and protection in their
trade with foreign counterparts, enhance their competitiveness in international
sale transactions and improve how Ghana is perceived by the international
trading community.2 The recommended actions hold advantages, have no material
disadvantages, and are easy and inexpensive to implement.
In an era of increasing globalisation of the world's economies, countries
and businesses operating within them are constantly competing for resources,
investments, markets and profits. Countries have no choice but to take part in
international trade,3 long recognised as an instrument for economic development.
Further, laws and policies to strengthen a country's international sale and purchase
* LLB (Hons) LLM PhD, Senior Lecturer, Monash University Law School, Clayton, Victoria,
Australia; Fellow, Tim Fischer Centre for Global Trade and Finance, Bond University,
Australia.
1 For the sake of convenience, the term implement is used broadly in this article to cover otherwise
technically different terms such as ratification, accession, succession, enactment and approval.
Roy Goode uses the term implementation for the ratification of international conventions and the
adoption, wholly or in part, of model laws. See R. Goode, Insularity of Leadership? The Role
of the United Kingdom in the Harmonisation of Commercial Law 50 ICLQ (2001): 751, p.752.
The usage of implement in this article is similar.
2 While the discussions focus on the beneficial impact of the relevant international instruments
on Ghana, the thrust of the argument may be applicable to other African countries in similar
situations, albeit with differences.
3 I. F. Razafimahefa and S. Hamori, International Competitiveness in Africa Springer (2007), p. 1.
4 See, e.g., G. Bamodu, 'Transnational Law, Unification and Harmonisation of International
Commercial Law in Africa' 38(2) Journal of African Law (1994): 125, 128; UN General
Assembly Resolution 1707 (XVI), 19 December 1961.
African Journal of International and Comparative Law 19.1 (2011): 1-37
Edinburgh University Press
DOI: 10.3366/ajicl.2011.0002
© African Society of International and Comparative Law
www.eupjournals.com/ajicl
1

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