One of the most unexplored areas of Ghanaian jurisprudence is the law on domicile and jurisdiction of companies, and essentially legal persons. The Court of Appeal in Sanyo Electric Trading v Quarcoopome was given the opportunity to state what the law is in relation to these matters. While the court may have seized this opportunity, the decision of the court still leaves important questions unanswered as well as issues that teases the mind of the reader. This paper argues that the court in the Quarcoopome case in setting out the factors for determining whether it had jurisdiction over the defendant focused solely on the domicile of the defendant company thereby ignoring other factors relevant for determining whether the defendant was subject to the used for determining jurisdiction and not applied as a choice of law rule. In doing this, the paper xplains that the domicile test set by the court in addition to other factors are relevant for determining the jurisdiction of companies and that the test, however is not to be applied as a choice of law rule.
CHILD RIGHTS LAWS GLOBALLY: A TRAJECTORY FROM CRADLE TO CIVILIZATION
For a considerable length of time, the concept of child rights was alien to many jurisdictions. Children were mainly regarded as chattels and factors to bolster economic production. On that premise, child labour was rampant and child exploitation was the norm. Over time, the conceptualization of children evolved and children were gradually accorded human status. This evolution began under the guise of the child labour reform movement, and through more aggressive and radical activism emerged into the corpus of charters, treaties, and domestic legislation ensuring and safeguarding the rights of children. The compelling tale of the trajectory of child rights laws is the pith of this article, as it seeks to travel down history lane, noting the struggles, the impediments to, and the eventual protection of child rights laws. The author’s viewpoint is that of enamoured yet critical observers thus this article winds down with a succinct examination of the consequential impacts of child rights laws in selected facets of life. In the end, this article hopes to serve as a clarion call for the recognition and full-fledged enforcement of child rights laws considering the onerous hurdles it has surpassed and the transitional development it has undergone.