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COLLECTION OF EssAYs RECUEIL D' ARTICLES - Naciones Unidas

COLLECTION OF EssAYs RECUEIL D' ARTICLES - Naciones Unidas

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Unity;<br />

(iii) The Commonwealth;<br />

(iv) The Treaty of the<br />

Economic Community of<br />

West African States; and<br />

(v) Any other international<br />

organization of which Ghana is a<br />

member."<br />

Article 40 is among "The Directive Principles of State Policy"<br />

;ontained in Chapter Six of the Constitution.<br />

Article 73, which appears in Chapter Eight ("The Executive")<br />

inder the heading "International Relations", provides as follows:<br />

"The Government of Ghana shall conduct its<br />

international affairs in consonance with the accepted<br />

principles of public international law and diplomacy<br />

in a manner consistent with the national interest of<br />

Ghana."<br />

It is evident from these two articles that there is a need at all<br />

times to have an international legal specialist to advise the Government<br />

in the conduct of its international relations and in the formulation of the<br />

country's foreign policy. This is the role of the legal adviser. The legal<br />

adviser has the role of ensuring that the political decisions taken by<br />

Ghana in the conduct of its international relations conform to accepted<br />

principles of public international law and to the country's treaty<br />

obligations.<br />

This is a heavy responsibility, as well as a great privilege. It<br />

means that the legal adviser is the custodian and exponent of<br />

international law for the Government. The legal adviser must discharge<br />

these duties responsibly and with integrity; for the result of what the<br />

legal adviser does or says may alter, speed up or delay the course of<br />

legal evolution. It is noteworthy in this regard that Ghana's Constitution<br />

makes it an obligation for the legal adviser to encourage the promotion<br />

of and respect for international law.<br />

The influence which the legal adviser has in shaping political

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