Festschrift on Nana S.K.B. Asante
I was indeed humbled when my friend, and in some ways mentor, asked me to write the foreword to this Festschrift - a collection of scholarly essays in his honour. I accepted his request, not out of perfunctory courtesy, but rather out of the great admiration I have for this illustrious son of Ghana. His contributions to legal scholarship and the administration of justice, and his yearning for a strong and reliable judiciary are well acknowledged in Ghana and beyond. A book dedicated to his life, work and scholarship is a fitting tribute to his legacy.
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The Festschrift has successfully put together a proficient international community of renowned jurists, scholars and experts from prestigious institutions across the world to offer new perspectives on the various subjects discussed. The truly illustrious cast of Ghanaian and international scholars, judges and practitioners who have contributed to this book bears testimony to the value of the book and the distinction of the man it honours.
Dr Asante’s rich and diverse academic, research and practice interests include international business transactions, international arbitration, international investment law, law on transnational corporations, public international law, constitutional law, natural resource law, land law, law and development, and chieftaincy and the law. It is, thus, refreshing to see that the collection of essays in this Festschrift constitutes a scoping of this wide variety of subjects and reflects the breadth and weight of Dr Asante’s perspectives.
Depth
The degree of intellectual rigour, and legal and literary finesse that are brought to bear on the discussions of the various themes makes for good reading and should excite any follower or critic of the scholarship on the subjects they address. For example, the paper on whether governments should demand equity in foreign-owned extractive industries deals with an age-old topic, but brings fresh perspectives that should challenge policy makers in particular to search for pragmatic, novel and creative solutions to the challenges identified by the author. The very competent discussions on the role and place of Bilateral Investment Treaties (BITs) in developing countries highlight critical issues, such as the adverse impact of BITs on national regulatory space and the perpetuation of Western and business interests to the detriment of developmental goals in developing countries.
Diversity
While Dr Asante’s writings traverse diverse fields of law, he is especially known for his work in the areas of international investment law and commercial arbitration. His distinguished contribution in that field puts him in the league of the very eminent jurists who have made the subject a central feature of commercial relations. Within Ghana, Dr Asante justifiably occupies a position of eminence in the endeavour and has during the period of his work, successfully set up an arbitration centre in Ghana, engendering academic interest and raising a cadre of practitioners and scholars who have sustained and developed further interest in the subject and enhanced their professional proficiencies. From the days of his teaching at the Faculty of Law of the University of Ghana to his extensive experience within the international commercial adjudicatory system, Dr Asante’s pioneering work and contribution to commercial arbitration has been remarkable, and this deserves celebration in this landmark publication. Given that Dr Asante continues to play a pivotal role in the evolution and development of various non-orthodox modes of adjudication, namely Alternative Dispute Resolution (ADR) and Arbitration, especially since returning to Ghana from his days in high level international civil service, this publication is a bold statement of his work in the field and the ideological foundations that have shaped his contributions in the last couple of decades.
Interests
It also comes as no surprise to read the contributions on the rule of law, constitutionalism and good governance. These are areas Dr Asante has exhibited deep knowledge and genuine interest. Dr Asante was the Chairman of the Committee of Experts that formulated proposals for the current Constitution of the Republic of Ghana, 1992, which has provided the foundation for the governance of the country for over two decades. The Report of the Committee of Experts has often been cited by the Supreme Court in interpreting the Constitution. A passionate advocate of the rule of law, and as one of the long serving members of the Judicial Council, Dr Asante has demonstrated an unwavering commitment to judicial independence and accountability.
In this regard, the essays on governance, the rule of law and constitutionalism with their able discussions, inter alia, on the critical role of the various branches of government and other key governance institutions are a fitting addition to the Festschrift.
The discussion on the challenging task of welding a heterogeneous group into a cohesive and integrated nation with a common developmental and social purpose and the way in which language that denigrates and threatens can undermine nation building in a constitutional democracy raises important questions for serious consideration. The discussion is timely and apposite, especially in the lead-up to the 7th Presidential and Parliamentary elections organised under the Constitution.
The true measure of the man -- Nana Dr Samuel Kwadwo Boaten Asante – in whose honour this book is written, is insightfully presented to readers by Justice VCRAC Crabbe. We learn from his unique contribution to how the important intersection of faith, action and prayer underpinned Dr Asante’s life and work and contributed to his rise to the pinnacle of excellence in his chosen field.
Other contributions ably chronicle his contributions to public international law, the law on international borrowing in Ghana, and various issues (including corruption) affecting developing countries. It is rightfully suggested in one paper that he was “ahead of his time” in respect of some of these issues.
Resource
This book offers a new resource for lawyers, policymakers and academics, but even more importantly for judges. In that regard, I am gratified to see that five retired and serving Justices of the Superior Courts of Ghana and one from the United Kingdom have contributed papers to this monumental work. Over the last eight years, judicial training and adjudication in general has come to assume new dimensions and perspectives.
This has largely been due to the increasing attempt to deepen the knowledge base of our judges and to constantly update their understanding of international trends in adjudication, especially in the fields of investment and international trade. As a matter of fact, the judiciary in Ghana has been one of the known beneficiaries of Dr Asante’s expert knowledge and experience. He has, on a number of occasions, shared his knowledge and experience with judges at judicial training sessions. This book presents a handy resource to judges seeking to research on investment law and related subjects.
As Chief Justice, I am especially gratified to witness the publication of this Festschrift given the contextual consideration of the subjects addressed in the papers herein and their relevance to local issues and circumstances, including with respect to adjudication.
Some of the subjects dealt with in the book provide a ready tool kit for judges interested in the law, the surrounding political economy and the use of modern ADR models to promote and advance the ends of justice. This is undoubtedly important in a fast-evolving world and in an age where adjudication has assumed more complex proportions than ever before. Within the context of the Ghanaian judiciary, the underlying philosophy, manifest in some of the contributions, fits squarely in the reform agenda for the institution and its quest for excellence in discharging its constitutional mandate.
Considering the exponential growth in the number of law schools in recent times, coupled with the increased activity on the academic front, I am confident that the contributions in this Festschrift come in handy in improving on the stock of consultative legal materials on the diverse subjects it deals with. Even in the field of policy, the book will be an immense asset in the hands of policymakers dedicated to issues such as nation building, foreign investment, commercial arbitration and natural resource development.
Dr Asante’s work as a scholar, teacher, practitioner, chief and international civil servant makes him an ideal recipient of this honour via essays. I commend the initiative and salute the essayists whose scholarly contributions have not only enriched our jurisprudence, but even more especially, the selection of Dr Asante for this honour, which is well deserved. I am confident that this book will remain an enduring legacy to his work and his continuing contribution to the development of Ghana.