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COLLECTION OF EssAYs RECUEIL D' ARTICLES - Naciones Unidas

COLLECTION OF EssAYs RECUEIL D' ARTICLES - Naciones Unidas

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exerts a major influence on the views and policies of the Government of<br />

Ghana concerning matters of international law. The legal adviser also<br />

plays a significant role with respect to a broad range of domestic law<br />

issues involving the international dealings of Ghana and its citizens.<br />

The legal adviser furnishes legal advice to the Minister for<br />

Foreign Affairs, the Foreign Ministry generally and diplomatic and<br />

consular posts abroad with respect to all legal problems which arise in<br />

the course of their work, whether they involve issues of domestic law or<br />

international law. The legal adviser's work, therefore, generally<br />

corresponds to that of the general counsel of other agencies of the<br />

executive branch. Since the Foreign Ministry has primary responsibility<br />

for carrying out the foreign policy and conducting the international<br />

relations of Ghana, the bulk of the legal adviser's work and the work of<br />

the bureau which he or she heads relates in some way to international<br />

matters, including the increasingly important field of the law of<br />

international organizations.<br />

The legal adviser's first responsibility is to tell the Minister and<br />

the entire administration candidly and objectively what the law is and<br />

what it requires in any given situation. Every lawyer owes this duty to<br />

his or her client. In this regard, it must be noted that, unless the Minister<br />

and other policy officials are given competent, objective and honest<br />

advice as to the legal consequences of proposed actions and decisions,<br />

they cannot make informed and intelligent foreign policy judgements or<br />

properly balance the national interests involved. Indeed, the success of<br />

a decision or policy may depend on its compliance with international<br />

law. The legal adviser should, and often does, provide an objective legal<br />

analysis together with concrete suggestions as to how particular policy<br />

objectives can be achieved in a manner which is consistent with<br />

international law and with Ghana's obligations and interests.<br />

Traditionally, the Legal Bureau of the Foreign Ministry has<br />

been headed by a foreign service officer with a background in law, the<br />

rank of Al Officer and the status of Director. Currently, the Bureau is<br />

headed by the present writer, who is an attorney from the Attorney-<br />

General's Department and the Ministry of Justice and whose rank in the<br />

Attorney-General's Department is that of a Director of the International<br />

Legal Division of that Department. He is on the payroll of the Attorney-<br />

General's Department, but is on loan to the Foreign Ministry and so is<br />

concurrently the Director of the Legal and Consular Bureau of the<br />

Foreign Ministry as well as Director of the International Legal Division<br />

of the Justice Ministry. This is undeniably a heavy responsibility, as

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