This paper proposes an approach to guide statistical capacity building in developing countries using an analysis based on components of the World Bank’s Statistical Performance Indicator on a sample of 215 countries. The approach demonstrates the importance of expanding traditional capacity-building activities to include programs to strengthen and better monitor the ability of National Statistical Systems (NSS) to respond to user data needs. Based on this analysis, the paper recommends a two-step strategy for building and enhancing the statistical capacity of national statistical systems in developing countries. The strategy creates a sustainable trajectory for developing NSSs that meets the growing demands of local and global data users. The paper emphasizes the importance of donor coordination and South-South learning initiatives for international capacity-building efforts.
{"title":"The Highways and Side Roads of Statistical Capacity Building","authors":"Michael Lokshin","doi":"10.2139/ssrn.3916194","DOIUrl":"https://doi.org/10.2139/ssrn.3916194","url":null,"abstract":"This paper proposes an approach to guide statistical capacity building in developing countries using an analysis based on components of the World Bank’s Statistical Performance Indicator on a sample of 215 countries. The approach demonstrates the importance of expanding traditional capacity-building activities to include programs to strengthen and better monitor the ability of National Statistical Systems (NSS) to respond to user data needs. Based on this analysis, the paper recommends a two-step strategy for building and enhancing the statistical capacity of national statistical systems in developing countries. The strategy creates a sustainable trajectory for developing NSSs that meets the growing demands of local and global data users. The paper emphasizes the importance of donor coordination and South-South learning initiatives for international capacity-building efforts.","PeriodicalId":83406,"journal":{"name":"University of California, Davis law review","volume":"60 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82346490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
English Abstract: Recent pandemic, there have been numerous impact on our behavior. The paper has two conceptual lines, one descriptive information about pandemic data, and the second or main line is a about our saving interests. French Abstract: La récente pandémie a de nombreux impacts sur notre comportement. Le article a deux lignes conceptuelles, une information descriptive sur les données de pandémie, et la deuxième ligne principale concerne nos intérêts d'épargne.
摘要:近年来的大流行，对我们的行为产生了诸多影响。这篇论文有两条概念线，一条是关于流行病数据的描述性信息，第二条或主线是关于我们的储蓄利益。摘要:La racimente pandacmie a de nombreux影响sur notre comement。Le条两行conceptuelles,一个信息的描述性数据中找到de pandemie et第二线主要concerne号网上注资。
{"title":"How COVID-19 Changed Our Saving Habits?","authors":"S. Avetisyan","doi":"10.2139/ssrn.3900508","DOIUrl":"https://doi.org/10.2139/ssrn.3900508","url":null,"abstract":"English Abstract: Recent pandemic, there have been numerous impact on our behavior. The paper has two conceptual lines, one descriptive information about pandemic data, and the second or main line is a about our saving interests. French Abstract: La récente pandémie a de nombreux impacts sur notre comportement. Le article a deux lignes conceptuelles, une information descriptive sur les données de pandémie, et la deuxième ligne principale concerne nos intérêts d'épargne.","PeriodicalId":83406,"journal":{"name":"University of California, Davis law review","volume":"55 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75889616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Portuguese Abstract: Este artigo tem como finalidade analisar os desafios regulatórios dos patinetes elétricos. Para tanto, é preciso considerar uma breve contextualização da micromobilidade compartilhada, do Mobility as a Service (MaaS) e da economia compartilhada. Posteriormente, trata da regulação dos Estados Unidos, mais especificamente dos Estados de Califórnia e Nova Iorque, importantes para tal meio de transporte. Diante da regulamentação externa, dos Estados Unidos, impera investigar paralelamente a do Brasil, com diretrizes gerais, além de um recorte dos municípios de São Paulo e Rio de Janeiro. Ademais, considera-se os impactos sociais no âmbito da saúde, segurança e regulatório do usuário, no que concerne à utilização dos patinetes elétricos. English Abstract: This paper aims to analyze the regulatory challenges of electric scooters. Therefore, it is necessary to consider a brief contextualization of the shared micromobility, the Mobility as a Service (MaaS) and the shared economy. Then, it deals with the regulation of the United States, more specifically the States of California and New York, important for such means of transportation. Besides the external regulations of the United States, it is necessary to investigate, in parallel, with the one adopted in Brazil, presenting its general guidelines, as well as a specific section of the municipalities of São Paulo and Rio de Janeiro. In addition, the social impacts in the scope of health, safety and regulatory of the user are considered, with regard to the use of electric scooters.
{"title":"O EFÊMERO PASSEIO DOS PATINETES ELÉTRICOS NO BRASIL (The Ephemeral Ride of Electric Scooters in Brazil)","authors":"Georges Vicentini El Hajj Moussa","doi":"10.2139/ssrn.3895943","DOIUrl":"https://doi.org/10.2139/ssrn.3895943","url":null,"abstract":"Portuguese Abstract: Este artigo tem como finalidade analisar os desafios regulatórios dos patinetes elétricos. Para tanto, é preciso considerar uma breve contextualização da micromobilidade compartilhada, do Mobility as a Service (MaaS) e da economia compartilhada. Posteriormente, trata da regulação dos Estados Unidos, mais especificamente dos Estados de Califórnia e Nova Iorque, importantes para tal meio de transporte. Diante da regulamentação externa, dos Estados Unidos, impera investigar paralelamente a do Brasil, com diretrizes gerais, além de um recorte dos municípios de São Paulo e Rio de Janeiro. Ademais, considera-se os impactos sociais no âmbito da saúde, segurança e regulatório do usuário, no que concerne à utilização dos patinetes elétricos. English Abstract: This paper aims to analyze the regulatory challenges of electric scooters. Therefore, it is necessary to consider a brief contextualization of the shared micromobility, the Mobility as a Service (MaaS) and the shared economy. Then, it deals with the regulation of the United States, more specifically the States of California and New York, important for such means of transportation. Besides the external regulations of the United States, it is necessary to investigate, in parallel, with the one adopted in Brazil, presenting its general guidelines, as well as a specific section of the municipalities of São Paulo and Rio de Janeiro. In addition, the social impacts in the scope of health, safety and regulatory of the user are considered, with regard to the use of electric scooters.","PeriodicalId":83406,"journal":{"name":"University of California, Davis law review","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72739875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Infectious disease outbreaks such as COVID-19 pose significant public health threats and challenges worldwide due to their high transmissibility and potentially severe symptoms and complications. Although public health interventions such as social distancing and lockdown can slow the disease spread, the disruption to regular economic and social activities caused by these interventions have caused significant financial losses. Strategic planning is required to optimize the timing and intensity of these public health interventions by considering individual response. We derive insightful structural properties of the optimal public health interventions and conduct numerical studies based on representative COVID-19 data in Minnesota. We find that the individual equilibrium activity level is higher than the socially optimal activity level due to an individual’s ignorance of the negative externality imposed on others, with the largest difference at a middle-range disease prevalence. As a result, lockdowns and social distancing policies are more effective when the disease prevalence is not at its peak level. Social distancing is more effective than lockdowns based on the representative COVID-19 data from Minnesota. Moreover, due to the limited vaccine capacity, vaccination priority strategy needs to consider the trade-off between the higher mortality rate of the less active group and the higher negative externality imposed by the more active group. Changes in vaccine production capacity, mortality rate ratio and infection rate may affect vaccination priorities. Lastly, while the vaccine priority to the elderly group is most effective in reducing total deaths, it has to be accompanied with more stringent social distancing policies.
{"title":"No Panic in Pandemic: The Impact of Individual Choice on Public Health Policy and Vaccine Priority","authors":"M. Bai, Ying Cui, Guangwen Kong, A. Zhang","doi":"10.2139/ssrn.3763514","DOIUrl":"https://doi.org/10.2139/ssrn.3763514","url":null,"abstract":"Infectious disease outbreaks such as COVID-19 pose significant public health threats and challenges worldwide due to their high transmissibility and potentially severe symptoms and complications. Although public health interventions such as social distancing and lockdown can slow the disease spread, the disruption to regular economic and social activities caused by these interventions have caused significant financial losses. Strategic planning is required to optimize the timing and intensity of these public health interventions by considering individual response. We derive insightful structural properties of the optimal public health interventions and conduct numerical studies based on representative COVID-19 data in Minnesota. We find that the individual equilibrium activity level is higher than the socially optimal activity level due to an individual’s ignorance of the negative externality imposed on others, with the largest difference at a middle-range disease prevalence. As a result, lockdowns and social distancing policies are more effective when the disease prevalence is not at its peak level. Social distancing is more effective than lockdowns based on the representative COVID-19 data from Minnesota. Moreover, due to the limited vaccine capacity, vaccination priority strategy needs to consider the trade-off between the higher mortality rate of the less active group and the higher negative externality imposed by the more active group. Changes in vaccine production capacity, mortality rate ratio and infection rate may affect vaccination priorities. Lastly, while the vaccine priority to the elderly group is most effective in reducing total deaths, it has to be accompanied with more stringent social distancing policies.","PeriodicalId":83406,"journal":{"name":"University of California, Davis law review","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90251444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of today’s most pressing antitrust questions is how antitrust should address the conduct of dominant technology companies. Once considered untouchable by antitrust law, these technology behemoths are now the subject of growing calls for antitrust breakup, including through actions by the federal antitrust agencies to challenge and unwind key mergers in the technology space. But nearly every one of the technology mergers identified for ex post challenge and breakup was previously reviewed and cleared by the antitrust agencies pursuant to the existing federal merger review scheme, even after a lengthy investigation in some instances. The calls for the antitrust breakup of these identified technology mergers therefore implicate a much more fundamental antitrust question: should the antitrust agencies more readily challenge mergers that they themselves previously reviewed and cleared pursuant to the existing federal merger review scheme? This Article offers a qualified affirmative response to that question. The antitrust agencies should increase the extent of their challenges to previously reviewed and cleared mergers but should do so in a principled way that respects the significant mitigating factors associated with an expansion in such ex post merger challenges. By conducting that principled analysis, this Article identifies important limiting conditions on the expansion of agency challenges to previously reviewed and cleared mergers.
{"title":"Merger Breakups","authors":"Menesh S. Patel","doi":"10.2139/ssrn.3469984","DOIUrl":"https://doi.org/10.2139/ssrn.3469984","url":null,"abstract":"One of today’s most pressing antitrust questions is how antitrust should address the conduct of dominant technology companies. Once considered untouchable by antitrust law, these technology behemoths are now the subject of growing calls for antitrust breakup, including through actions by the federal antitrust agencies to challenge and unwind key mergers in the technology space. But nearly every one of the technology mergers identified for ex post challenge and breakup was previously reviewed and cleared by the antitrust agencies pursuant to the existing federal merger review scheme, even after a lengthy investigation in some instances. The calls for the antitrust breakup of these identified technology mergers therefore implicate a much more fundamental antitrust question: should the antitrust agencies more readily challenge mergers that they themselves previously reviewed and cleared pursuant to the existing federal merger review scheme? This Article offers a qualified affirmative response to that question. The antitrust agencies should increase the extent of their challenges to previously reviewed and cleared mergers but should do so in a principled way that respects the significant mitigating factors associated with an expansion in such ex post merger challenges. By conducting that principled analysis, this Article identifies important limiting conditions on the expansion of agency challenges to previously reviewed and cleared mergers.","PeriodicalId":83406,"journal":{"name":"University of California, Davis law review","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85417738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The growing cannabis industry in the United States has presented both economic opportunity and legal complexity. States that allow medical or recreational cannabis conflict with federal regulations and lawyers who represent cannabis businesses are caught in an ethical maze. This article discusses an often-overlooked cause of this complexity: guidance documents from the Department of Justice. The rapid growth of the cannabis industry correlates with a series of memos issued by the Department of Justice, one of which is known as the “Cole Memorandum”, and all of which have been rescinded. The ambiguities and shortcomings of current administrative law have played a large part in creating the confusing legal status of the cannabis industry. Resolutions must reflect this reality to adequately address the ethical, financial, and legal problems in the cannabis industry.
{"title":"Guidance Documents: The Sirens of the Cannabis Odyssey","authors":"T. Sims","doi":"10.2139/ssrn.3754530","DOIUrl":"https://doi.org/10.2139/ssrn.3754530","url":null,"abstract":"The growing cannabis industry in the United States has presented both economic opportunity and legal complexity. States that allow medical or recreational cannabis conflict with federal regulations and lawyers who represent cannabis businesses are caught in an ethical maze. This article discusses an often-overlooked cause of this complexity: guidance documents from the Department of Justice. The rapid growth of the cannabis industry correlates with a series of memos issued by the Department of Justice, one of which is known as the “Cole Memorandum”, and all of which have been rescinded. The ambiguities and shortcomings of current administrative law have played a large part in creating the confusing legal status of the cannabis industry. Resolutions must reflect this reality to adequately address the ethical, financial, and legal problems in the cannabis industry.","PeriodicalId":83406,"journal":{"name":"University of California, Davis law review","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84076615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Wildfires pose a significant risk that threatens firm value. That risk may have risen significantly in recent years in light of record-breaking wildfires in the United States and elsewhere. It is an open question, however, whether such increasing wildfire risk affects firms’ disclosures of wildfire-related information. We match the location of wildfires in the United States to firms with headquarters in the same county as the wildfire. We find that firms exposed to more wildfire days on average provide more textual 10-K disclosure of wildfire-related information in their filings compared to firms exposed to fewer wildfire days. Our results are also significant economically. For example, an increase of wildfire days from zero to one day increases 10-K wildfire word count by 30 percent. We attribute this positive relation to increasing trends in climate change risks and disclosure guidance related to heightened wildfire concerns. These concerns emanate mainly from wildfire-exposed firms in the western states, in the utility and banking industries, those exhibiting a high level of tangible assets, and those having experienced wildfire impacting their past operations. Overall, the findings deepen our knowledge of a heretofore unstudied risk factor important for firm value.
{"title":"Do Firms Experiencing More Wildfires Disclose More Wildfire Information in Their 10-Ks?","authors":"P. Griffin, Yijing Jiang, Estelle Y. Sun","doi":"10.2139/ssrn.3683551","DOIUrl":"https://doi.org/10.2139/ssrn.3683551","url":null,"abstract":"Wildfires pose a significant risk that threatens firm value. That risk may have risen significantly in recent years in light of record-breaking wildfires in the United States and elsewhere. It is an open question, however, whether such increasing wildfire risk affects firms’ disclosures of wildfire-related information. We match the location of wildfires in the United States to firms with headquarters in the same county as the wildfire. We find that firms exposed to more wildfire days on average provide more textual 10-K disclosure of wildfire-related information in their filings compared to firms exposed to fewer wildfire days. Our results are also significant economically. For example, an increase of wildfire days from zero to one day increases 10-K wildfire word count by 30 percent. We attribute this positive relation to increasing trends in climate change risks and disclosure guidance related to heightened wildfire concerns. These concerns emanate mainly from wildfire-exposed firms in the western states, in the utility and banking industries, those exhibiting a high level of tangible assets, and those having experienced wildfire impacting their past operations. Overall, the findings deepen our knowledge of a heretofore unstudied risk factor important for firm value.","PeriodicalId":83406,"journal":{"name":"University of California, Davis law review","volume":"78 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72991055","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper provides a general framework for testing instrument validity in heterogeneous causal effect models. We first generalize the testable implications of the instrument validity assumption provided by Balke and Pearl (1997), Imbens and Rubin (1997), and Heckman and Vytlacil (2005). The generalization involves the cases where the treatment can be multivalued (and ordered) or unordered, and there can be conditioning covariates. Based on these testable implications, we propose a nonparametric test which is proved to be asymptotically size controlled and consistent. Because of the nonstandard nature of the problem in question, the test statistic is constructed based on a nonsmooth map, which causes technical complications. We provide an extended continuous mapping theorem and an extended delta method, which may be of independent interest, to establish the asymptotic distribution of the test statistic under null. We then extend the bootstrap method proposed by Fang and Santos (2018) to approximate this asymptotic distribution and construct a critical value for the test. Compared to the test proposed by Kitagawa (2015), our test can be applied in more general settings and may achieve power improvement. Evidence that the test performs well on finite samples is provided via simulations. We revisit the empirical study of Card (1993) and use their data to demonstrate application of the proposed test in practice. We show that a valid instrument for a multivalued treatment may not remain valid if the treatment is coarsened.
{"title":"Instrument Validity for Heterogeneous Causal Effects","authors":"Zhenting Sun","doi":"10.2139/ssrn.3686562","DOIUrl":"https://doi.org/10.2139/ssrn.3686562","url":null,"abstract":"This paper provides a general framework for testing instrument validity in heterogeneous causal effect models. We first generalize the testable implications of the instrument validity assumption provided by Balke and Pearl (1997), Imbens and Rubin (1997), and Heckman and Vytlacil (2005). The generalization involves the cases where the treatment can be multivalued (and ordered) or unordered, and there can be conditioning covariates. Based on these testable implications, we propose a nonparametric test which is proved to be asymptotically size controlled and consistent. Because of the nonstandard nature of the problem in question, the test statistic is constructed based on a nonsmooth map, which causes technical complications. We provide an extended continuous mapping theorem and an extended delta method, which may be of independent interest, to establish the asymptotic distribution of the test statistic under null. We then extend the bootstrap method proposed by Fang and Santos (2018) to approximate this asymptotic distribution and construct a critical value for the test. Compared to the test proposed by Kitagawa (2015), our test can be applied in more general settings and may achieve power improvement. Evidence that the test performs well on finite samples is provided via simulations. We revisit the empirical study of Card (1993) and use their data to demonstrate application of the proposed test in practice. We show that a valid instrument for a multivalued treatment may not remain valid if the treatment is coarsened.","PeriodicalId":83406,"journal":{"name":"University of California, Davis law review","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87237997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter explores the interplay of intellectual property and social justice. Part I constructs a philosophical framework for thinking about the many cross-currents between intellectual property and social justice. Part II distinguishes between the internal, largely utilitarian analysis of particular modes of intellectual property protection and the external interplay of intellectual property systems and broader social justice concerns. Part III examines the macro interplay of intellectual property and inequality, gender and racial inclusion, and global justice challenges, highlighting complexities, tensions, and paradoxes. The chapter considers how intellectual property law and policy can be seen not just as an engine of economic progress, but also as an engine of human and cultural flourishing, dignitary values, access, inclusion, and empowerment.
{"title":"Mapping the Intellectual Property/Social Justice Frontier","authors":"Peter S. Menell","doi":"10.2139/ssrn.3658767","DOIUrl":"https://doi.org/10.2139/ssrn.3658767","url":null,"abstract":"This chapter explores the interplay of intellectual property and social justice. Part I constructs a philosophical framework for thinking about the many cross-currents between intellectual property and social justice. Part II distinguishes between the internal, largely utilitarian analysis of particular modes of intellectual property protection and the external interplay of intellectual property systems and broader social justice concerns. Part III examines the macro interplay of intellectual property and inequality, gender and racial inclusion, and global justice challenges, highlighting complexities, tensions, and paradoxes. The chapter considers how intellectual property law and policy can be seen not just as an engine of economic progress, but also as an engine of human and cultural flourishing, dignitary values, access, inclusion, and empowerment.","PeriodicalId":83406,"journal":{"name":"University of California, Davis law review","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73889992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ghana has over the years developed into a world player with its Government engaging in all kinds of international business and economic transactions with foreign partners. All the same, Ghana being a sovereign nation does not act in a vacuum. All its actions must be done in line and in accordance with the laws of the country specifically the Constitution.
It is without doubt that Ghana’s Constitution reigns Supreme and is not superseded by any other law, act, etc be it domestic or international. Over the years, these international transactions entered into by the Government of Ghana and other international partners have ended up before the Courts of Ghana where the Courts in upholding the Supremacy of the Constitution have held that all these transactions being contracts involving the Government of Ghana are in a certain class which thus demands compliance with certain laid down requirements in the Constitution failure of which grave consequences have been suffered by these international partners.
It is thus necessary to consider the decisions in the light of Ghana’s Constitutional Supremacy, to sift out the road-maps as set out by the Courts of Ghana in order that Legal Advisers to foreign entities that contract with the Government of Ghana are aware of these important case laws in order to guide them appropriately on the Ghanaian law on this issue.
{"title":"Supremacy of the Constitution: The Constitutionality of International Business Transactions Involving the Government of Ghana","authors":"Reginald Nii Odoi","doi":"10.2139/ssrn.3657344","DOIUrl":"https://doi.org/10.2139/ssrn.3657344","url":null,"abstract":"Ghana has over the years developed into a world player with its Government engaging in all kinds of international business and economic transactions with foreign partners. All the same, Ghana being a sovereign nation does not act in a vacuum. All its actions must be done in line and in accordance with the laws of the country specifically the Constitution.<br><br>It is without doubt that Ghana’s Constitution reigns Supreme and is not superseded by any other law, act, etc be it domestic or international. Over the years, these international transactions entered into by the Government of Ghana and other international partners have ended up before the Courts of Ghana where the Courts in upholding the Supremacy of the Constitution have held that all these transactions being contracts involving the Government of Ghana are in a certain class which thus demands compliance with certain laid down requirements in the Constitution failure of which grave consequences have been suffered by these international partners.<br><br>It is thus necessary to consider the decisions in the light of Ghana’s Constitutional Supremacy, to sift out the road-maps as set out by the Courts of Ghana in order that Legal Advisers to foreign entities that contract with the Government of Ghana are aware of these important case laws in order to guide them appropriately on the Ghanaian law on this issue.","PeriodicalId":83406,"journal":{"name":"University of California, Davis law review","volume":"2014 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82613187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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