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The WTO Government Procurement Agreement (GPA) does not legally define what entities should be covered by the Agreement. However, its member Parties list their ‘covered entities’ in a series of schedules. The list approach has complicated accession negotiations and discourages Parties from providing a ‘wider’ range of entity coverage. Moreover, the list approach raises some tensions and a lack of legal certainty, especially concerning those that are not strictly ‘government entities’, such as State-owned enterprises (SOEs). This problem is exacerbated in the case of modern SOEs in developing countries, many of which can bear both public and private features. Given these conditions, the author proposes a definition of ‘covered entities’ to facilitate accession negotiations and the future expansion of the GPA. The proposal is based on a comparative study of the GPA and the EU public procurement regulations. It develops a framework by which all publicly controlled entities are presumably covered by the GPA. Nevertheless, Parties can rebut GPA obligations by proving that an entity competes with other commercial entities under normal market conditions.
Certainty is a cornerstone of every criminal justice system. In instances where controversy arises as to the application of any law, it is essential for it to be addressed promptly. Contrary to this need for certainty, there is judicial ambiguity regarding the mens rea for the offence of attempted murder in Botswana. There are cases which hold that the mens rea required is a specific intention to kill, and that nothing else suffices. However, some cases hold that an intention to cause grievous harm and recklessness are also sufficient. Unfortunately, the Court of Appeal, the apex court in Botswana, has made decisions that support each of these divergent positions. This article addresses the controversy of the mens rea for attempted murder in Botswana and argues that the Court of Appeal should resolve the issue by specifically overruling some of its previous decisions.
We explore the drawing of a shear-thinning or shear-thickening thread with an axisymmetric hole that evolves due to axial drawing, inertia and surface tension effects. The stress is assumed to be proportional to the shear rate raised to the $n$th power. The presence of non-Newtonian rheology and surface tension forces acting on the hole introduces radial pressure gradients that make the derivation of long-wavelength equations significantly more challenging than either a Newtonian thread with a hole or shear-thinning and shear-thickening threads without a hole. In the case of weak surface tension, we determine the steady-state profiles. Our results show that for negligible inertia the hole size at the exit becomes smaller as $n$ is decreased (i.e. strong shear-thinning effects) above a critical draw ratio, but surprisingly the opposite is true below this critical draw ratio. We determine an accurate estimate of the critical draw ratio and also discuss how inertia affects this process. We further show that the dynamics of hole closure is dominated by a different limit, and we determine the asymptotic forms of the hole closure process for shear-thinning and shear-thickening fluids with inertia. A linear instability analysis is conducted to predict the onset of draw resonance. We show that increased shear thinning, surface tension and inlet hole size all act to destabilise the flow. We also show that increasing shear-thinning effects reduce the critical Reynolds number required for unconditional stability. Our study provides valuable insights into the drawing process and its dependence on the physical effects.
Censorship in Iranian theatre sometimes prevents artists from staging some of the scenes in their plays. Among these are scenes involving embracing, kissing, raping and so on, or scenes containing ideological or political themes. Occasionally, after omitting such scenes, theatre directors try to find suitable alternatives and create a similar effect. The present research, with an analytical–descriptive approach, seeks to focus on alternative solutions, as well as creative models, developed by Iranian directors to circumvent social-regulatory censorship and identify alternatives in performances. In this research, I conduct a comparative analysis of five selected theatre recordings. Using the available theatre recordings, this paper examines the original text of the plays, identifies the omissions resulting from censorship, and analyses directors’ alternative solutions. This research demonstrates that artists use their creativity to express themes, analyses and aesthetic points in the face of censorship and obstacles. The paper focuses on eight creative-performance models that are executed using symbols and auditory elements instead of visual elements, and the function of narrative, stage design, stage direction, costume design, props and cross-dressing as devices to circumvent censorship.
I have an idea that some men are born out of their due place. Accident has cast them amid certain surroundings, but they have always a nostalgia for a home they know not. They are strangers in their birthplace … Perhaps it is this sense of strangeness that sends men far and wide in the search for something permanent, to which they may attach themselves … Sometimes a man hits upon a place to which he mysteriously feels that he belongs …
This article focuses on the everyday emotions of the populations impacted by the 2022 flood in Nigeria by exploring the affectivities embodied in flooding and the unfurlings of political emotions and agency in these dire circumstances. By foregrounding the everyday emotions of flooding, I address a subject that too often is overlooked in political science, too often shunted to the margins of politics. I advance knowledge of the disparate impacts of flooding on the vulnerable and how these survivors are improvising affective ways of negotiating a complex emergency that spared their lives but left them in a state of injury.