|文件編號：||G/ADP/Q1/GHA/2, G/SCM/Q1/GHA/2, G/SG/Q1/GHA/2|
Notification of laws and regulations under
articles 18.5, 32.6 and 12.6 of the agreements
Replies to Questions Posed by the UNITED STATES Regarding
the Notification of Ghana
The following communication, dated 27 November 2020, is being circulated at the request of the delegation of Ghana.
Section 2, Objects of the Commission, paragraph 2 of the International Trade Act states "… the Commission shall be guided by the treaty provisions of the World Trade Organisation and the general principles of international trade law." Please clarify what legal authority takes precedence in the event of a conflict between the provisions in the International Trade Act and an applicable WTO agreement.
Since the membership of Ghana to WTO in 1995, she has embarked on processes to internalize the WTO rules and regulations. Moreover, as a contracting party, Ghana has always been mindful of the universally acknowledged principle of pacta sunt servanda by endeavoring to honor all her commitments to the WTO. The establishment of the Ghana International Trade Commission Act (Act 926) – hereinafter "the Act"- is a further step to provide for the regulation of the international trade in Ghana in conformity with the WTO rules and regulations as expressly stated in Sec.2. (1a) of the GITC Act. More specifically, the provisions of the GITC Act does not derogate from that of the WTO. Since the GITC Act is the domestic implementing regulation of the WTO agreement, it is therefore compliant with the provision of the WTO agreement and such conflicts are unlikely to arise.