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Papers by Kwame Richard Klu

SSRN Electronic Journal

As a follow up to our earlier paper intituled; JOB SECURITY IN A COMPARATIVE WORLD , the question... more As a follow up to our earlier paper intituled; JOB SECURITY IN A COMPARATIVE WORLD , the question at hand is whether it is legally justifiable to maintain a strict adherence to the common law principles regarding wrongful or unfair dismissal after several years of changes in the socio-political and economic forces that burdened the law. Do these principles require alterations to reflect the evolving needs and realities of a post-independence legal climate? These inquiries raise critical legal and policy considerations regarding the extents to which the Ghanaian jurisdiction has adopted and implemented its international legal obligations, precisely International Labour Standards and Conventions. In conclusion, a resolution of these questions will inform the interpretation and application of domestic employment law(s) vis-a-vis international best practices.

SSRN Electronic Journal, 2020

SSRN Electronic Journal, 2021

The advent of international business brought with it, its sophistication and one such is the cros... more The advent of international business brought with it, its sophistication and one such is the cross jurisdictional facility of documentary letters of credit. This created a vacuum for regulation. To this, various international and municipal laws evolved. The question that arose with the development of these laws is What is the hierarchy of their application? The hierarchy of application of these laws is significant to successful launch of actions by disputants in aid of the protection of their rights and obligations. The relevance of the determination of their hierarchy is that it helps adjudicatory bodies to appropriately apply on a case by case basis what laws become relevant to the settlement of disputes thence avoiding any circumstance of conflict of laws. This paper employs quantitative and qualitative methods in reviewing various literature related to the regulatory framework of letters of credit. These laws take their sources from municipal and international jurisdictions. On the international front treaties take top hierarchy followed by Customs, Case laws, Policies and publications of eminent jurists or legal academics. In Ghana, the hierarchy is sourced from the order in Article 11 of the 1992 Constitution

SSRN Electronic Journal, 2020

Beijing Law Review, 2021

The Ghanaian courts have allowed the efflorescence of legal doctrines as necessary nutrients for ... more The Ghanaian courts have allowed the efflorescence of legal doctrines as necessary nutrients for the enjoyment and development of rights and obligations under the law within the Ghanaian jurisdiction. One such procedural doctrine is LOCUS STANDI or capacity of a party to invoke the supervisory jurisdiction of the Supreme Court of Ghana. This allows the Supreme Court to exercise constitutional oversight responsibility over the actions of all other courts in Ghana. This power emanates from Article 132 of the 1992 Constitution of the Republic of Ghana. The aim of this research is to unravel the inconsistency with which the Supreme Court of Ghana deals with who has the capacity under Article 132 to access the Supervisory Jurisdiction of the Supreme Court of Ghana under Constitutional regime. This paper was developed through qualitative review of various literatures and relevant modern case law to the subject.

SSRN Electronic Journal, 2020

BEIJING LAW REVIEW, 2021

In a society like ours where men still dominate the economy of the matrimonial home and continue ... more In a society like ours where men still dominate the economy of the matrimonial home and continue to wield tremendous financial dominance over her female partners who would invariably succumb to their husbands' financial overbearing coupled with sexual and emotional ties between the parties which provide a ready weapon for undue influence, the principle could not have been applied anywhere better… " Adjei Frimpong, J, in Naa Dede Addy v First Capital Plus.