The evidence suggests that ghana s local content and local participation legislation could be more effective in stimulating the growth of indigenous businesses in the oil and gas industry currently. Ghanaian local content and the importance of publicprivate. The content of the received law in ghana the content of the received law in ghana was made up of the common law, the doctrines of equity, and the statutes of general application in force in england as of the cutoff date. Petroleum local content and local participation regulations, 20 arrangement of regulations regulation general provisions 1. Polygamous marriages customary law marriages common features. Companies are to publish their local content plans, and government is to make them available for inspection. The minerals and mining law, 2006 act 703 sought to promote a localization policy and facilitate production linkages. In order to minimise the common phenomen associated. Parliament has, amid stiff opposition from foreign upstream oil and gas companies and their governments, endorsed the petroleum local content and local. He was a visiting professor at harvard law school from 1954 to 55, the dean of the law faculty at the university of lagos from 1962 to 65, a holmes scholar at harvard law school in 1966 and the.
Company law theory explains why it should be otherwise. Pdf pndc law 111 in ghana and international human rights. May 29, 2014 local content and local participation in ghanas petroleum industry. Local content and local participation legislation a driver. The objectives of ghana s local content law, as outlined in l. Business law in ghana pdf business and corporate law. A mastery of the three pillars of company law in ghana is essential. Local content and local participation in ghanas petroleum. This means that ghana has legally speaking, a good legal system. It also considers ways in which to tackle marital rape. Localcontent legislation and policies in oil and gas producing countries have become a key priority of host governments and industry players alike. The duration of protection for an eligible work is life of the author plus 70 years.
As its former name, ie companies code, indicates, it codifies and is indeed the primary source of company law in ghana. Pursuant to the ratification of unclos, ghana enacted the maritime zones delimitation law, 1986 to give force and effect to unclos. Local content and participation in ghanas oil and gas. Though ghana is a relative novice in oil production it has local content laws that some oil industry experts deem unrealistic, in part because ghanas oil industry is still quite young and the. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. In early 2010, ghanas ministry of energy formulated a policy framework that set the. It is envisaged that a national content policy covering all sectors will be developed in due course for which the content of the vra policy could be vital input. Local content and local participation in ghanas petroleum industry. Section 391 section 93 of the companies code all pages. A minor find was made in 1970 in the saltpond field in eastern ghana and some 3. Programmes offered and admission requirements 1012 5. In some cases, local content policies are designed for a clearly identified target groups in spatial. Background the governments development objectives are focused on supporting the private sector in sierra leone which is considered to be the engine of growth for the overall economic development of the country. Ilo decent work pilot programme ghana, programme document, november 2002.
Company law article index company law commencement of business. Unlike in ghanas petroleum sector, there are no regulations dedicated to local content. The ghana local content and local participation bill 20 is a bill passed in november 20 by the ghanaian government that stipulates that ghanaians. Local content policy for power sector ghana investment. Establishment of local office local content plan 7.
Local content and local participation legislation a. This second volume banking and financial laws of ghana 19982006 is a compendium of banking and financial laws passed in ghana between 1998 and 2006. I no person other than the ghana national petroleum corporation established underthe ghana national petroleum corporation law, 1983 p. The local content committee established by the board of the commission is required to oversee the implementation of li2204. Contemporary local content policies in ogm activities vary in scope and level or type of regulation applied.
This guide to law online ghana contains a selection of ghanaian legal, juridical, and governmental sources accessible through the internet. In november 20, li2204 was promulgated to inter alia promote maximisation of valueaddition and job creation through the use of local expertise, goods and services business, financing in the petroleum industry value chain and their retention in ghana. The paper has discussed ghanas pndc law 111 and related it to international human rights instruments such as the african charter and the cedaw on womens property inheritance rights. An assessment of poverty reducing policies and policies and programmes in ghana, nii kwaku sowa, centre for policy analysis, ghana, 2002.
Bennien, constitutional law of ghana, chapter 1 1962 and also the following enactments. The evidence suggests that ghanas local content and local participation legislation could be more effective in stimulating the growth of indigenous businesses in the oil and gas industry currently. The need to mainstream employment issues in the development agenda of ghana has also been indicated in the mediumterm national development framework mntdf, the ghana shared growth and development agenda gsgda ii, 20142017. Conceptualizing tvet in most advance economies, industrialization most certainly emanate from tvet kutz, 2001. The evolution of ghana law since independence william burnett haivey introduction on march 6, 1957, the british gold coast achieved independence in circumstances that apparently offered a bright future for sovereign, independent ghana. Nigerian content development bill 2005a bill to make provi. The companies act the act is the first pillar of company law in ghana. The nigerian content developmen t agency has the objectives of putting in place a framework for continuous growth of nigerian content in the nigerian economy through a balan ced programme of planning, target.
The republic of ghana has one legal system parliament makes the laws, the executive government administers the laws, and the judiciary independently interprets and applies them. However, law 111 has certain weaknesses, which go against the equality clauses in the international human rights instruments. The nigerian oil and gas industry content development act 2010 the act seeks. The law is expected to ensure that ghana s natural resources benefit ghanaians, while also allowing foreign oil companies to. Since 195i, adroit leaders of a wellorganized political party had operated a responsible. This paper analyses the challenges with the current state of ghanas law on marital rape and its impact on womens equality rights in ghana. The paper has discussed ghana s pndc law 111 and related it to international human rights instruments such as the african charter and the cedaw on womens property inheritance rights.
Politics, chieftaincy and customary law in ghanas fourth republic. Since law 111 is a national law on intestate succession, it needs. Every nigerian citizen young or old possesses a unique potential, this can only be better used depending on the awareness of opportunities. Since the banking and financial laws of ghana 19611998 was published in 2001, staff have attested to its benefits in various ways, and there continues to be strong demand for copies. Pndc law 111 was enacted 30 years ago to protect inheritance rights concerning women and children, as customary law often provides women unequal access. University of ghana research guides law sources of law enter search words search. Parliament has, amid stiff opposition from foreign upstream oil and gas companies and their governments, endorsed the petroleum local content and local participation regulations, 20 l. Companies code, 1963 act 179 report of the commission of enquiry into the working and administration of company law in ghana 1961 gowers report. Public procurement act, 2003 act 663, 663 ghana legal. Government to amend pndc law 111 government of ghana. Due to the weaknesses, pndc law 111 has not fully met the standards set by the international human rights regimes on womens property inheritance.
Pdf an assessment of localcontent policies in oil and gas. Government to amend pndc law 111 the ministry of gender, children and social protection is taking steps to amend the intestate succession law, 1985 pndcl 111 to meet the objectives of the law. Recently, an article appeared in ghana business news gbn discussing how the absence of local content legislation in ghana is holding back its citizens and businesses from participating in the oil and gas industry, which has seen a boom in the oilrich western region. The rights and obligations of states in disputed maritime ar id. Pdf the politics of local content legislation in ghana. Morse, partnership law blackstone 6th edition 2006 chapters 1 and 9 for a little more detail on partnerships. With this end in mind, various governments have endorsed local content policies and legislations. The objectives of ghanas local content law, as outlined in l. More fundamentally, local content rules can conflict with the practical realities of achieving them.
The gold coast colony and ashanti legislative council 1948 stat. Sources of law research guides at university of ghana. Sierra leone local content policy humanitarianresponse. Formalities, essentials critical analysis cases, articles, etc customary marriage. The ghana local content and local participation bill 20 is a bill passed in november 20 by the ghanaian government that stipulates that ghanaians should be prioritised in terms of employment in the petroleum industry, and should benefit from the countrys resources.
The common law system, as developed in the united kingdom, forms the basis of ghanaian jurisprudence. Background oil exploitation in ghana began as far back as 1896 by the west african oil and fuel company. The firms area of practice is in the commercial sector and includes mining and mineral law, property, conveyancing, privatization, corporate law. A look at local content rules and the case of ghana devex. It is envisaged that a national content policy covering all sectors will be developed in due course for which. Labour legislation of ghana ilo national labour law database. Highlights the local content framework is set out briefly in the mining legislation, with more detail provided in the general mining regulations. Definition and scope marriage and the family the laws applicable jurisdiction marriage as a special contract and breach of promise of marriage.
Stitution which is the basic law of the land guarantees an. The government will extend the local content policy to the power subsector to encourage more local participation, the minister of energy and petroleum, mr armah kofibuah, has disclosed. Blackett ord partnership, butterworths, 2002 chapter 1 pp 15. The national employment policy nep has been developed in. The same tendency emerged with ghanas post2007 oil discoveries. Pdf on jan 1, 2018, ishmael ayanoore and others published the politics of local content legislation in ghana find, read and cite all the research you need on researchgate. Thus, the focus of this paper is to briefly explain the local content act and its implication on tvet and the nigerian economy. Authors construct, based on the local content laws of the. Petroleum local content and local participation regulations, 20 in exercise of the power conferred on the minister responsible for energy by section 22 of the petroleum commission act, 2011 act 821, these regulations are made this 5th day of july, 20. Local content ng is designed to aid you better understand and utilize your untapped benefits from local content development in nigeria. Though ghana is a relative novice in oil production it has local content laws that some oil industry experts deem unrealistic, in part because ghana s oil industry is still quite young and the targets are so high. Pdf pndc law 111 in ghana and international human rights laws. Local content and local participation policy and legislation have come to stay in ghanas oil and gas industry.
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