1,720,961 research outputs found

    Legal Aspects of Combatting Corruption in Zimbabwe

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    This paper examines the legal framework for combatting corruption in Zimbabwe. It argues that the existing legal framework has gross limitations and needs to be strengthened to make it more effective and efficient. The paper suggests that Zimbabwe’s legislation on combatting corruption should be reviewed in a manner that addresses the collective nature of corruption in the country. This may be achieved through a wider definition of the concept of a public officer; expanding the scope of activities considered corrupt to include activities such as influence peddling and illicit enrichment; and enacting comprehensive legislation on protection of whistle blowers.  &nbsp

    Are indigenisation measures compensable? a case study of measures taken under the indigenisation and economic empowerment laws of Zimbabwe

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    Dissertation (LLM)--University of Pretoria, 2014.gm2015Centre for Human RightsLLMUnrestricte

    Combatting corruption in international investment law: challenges and prospects

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    Thesis (LLD)--University of Pretoria, 2020.Corruption is increasingly playing a critical role in international investment arbitration disputes. Investors have lost rights under BITs against a State due to corruptly securing its investment. Corruption has been raised by the investor as a sword, and by the State as a shield against investor’s claims. This has raised concerns about whether international investment arbitrations and institutions should be seized with corruption matters and if so, in what form and substance. This thesis argues that the contemporary international investment regulatory regime is inadequate to combat corruption in foreign investment transactions. The main challenge with the bulk of the international investment agreements which contain anti- corruption clauses is that these provisions are couched as general principles and prohibitions, merely encouraging the host States to enact and enforce anti-corruption laws. These instruments are of less functional value to investment arbitrators when faced with allegations of corruption. It further argues that the prevailing host State’s legal mechanisms are inherently inadequate to effectively regulate and combat corruption relating to foreign direct investments, and therefore there is a need for an international intervention through international investment agreements. The situation is exacerbated by the divergent approaches taken by investment arbitrators when dealing with corruption in investment transactions. This thesis recommends the adoption of an elaborate anti-corruption clause in international investment agreements. The main contribution of this thesis is to suggest a framework for combatting corruption in investment transactions. It provides a model anti-corruption treaty clause which attempts to promote accountability of both the foreign investor and the State. This model anti-corruption clause includes guiding factors that arbitrators in the investor-State arbitration may take into account when arbitrating disputes involving corruption, so that they can meaningfully contribute towards combatting corruption.Public LawLLDUnrestricte

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed

    Indigenisation Laws and Bilateral Investment Treaties in Zimbabwe

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    This article discusses indigenisation and economic empowerment laws in Zimbabwe. During the colonial period, the laws in place were deliberately crafted to dis-empower Zimbabweans. It is against this background that after independence, the new government took strides to redress these imbalances through the Indigenisation and Economic Empowerment Act and Regulations. However, these laws create legal challenges in that they potentially violate obligations in bilateral investment treaties (BITs) that Zimbabwe has entered into. They potentially violate national treatment and expropriation obligations in the BITs. After exploring the law on these elements of the BITs, the paper recommends a review of Zimbabwe’s BIT policy as a whole, with the view to aligning it with its constitutional mandate of promoting empowerment of indigenous Zimbabwean citizens

    Variations on the Author

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    “Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship

    Appropriate Similarity Measures for Author Cocitation Analysis

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    We provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis

    Community based natural resource management in Botswana.

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    Since the mid-1980s, Botswana has relied on community-based natural resources management (CBNRM) to incentivise communities to consistently choose environmentally beneficial behaviour as a mechanism for advancing conservation efforts. There have been some successes registered using this approach. However, the turn to CBNRM has not been as successful as had been hoped. Despite this, it is well acknowledged that CBNRM can play an important role in advancing conservation efforts. For that reason, the state is working to revamp the CBNRM framework so that it consistently yields beneficial results for communities and for conservation efforts. Against this backdrop, this paper relies on regulatory theory and experience with CBNRM in Botswana thus far to identify what it would take to establish an effective CBNRM regulatory framework in the country. It establishes that Botswana's CBNRM framework has failed to consistently secure effective CBNRM due to lack of a dedicated CBNRM law and inadequately resourced institutions. It therefore recommends the promulgation of a CBNRM law which has a community-centred approach and/or a rights-based approach, and setting up an institution that is adequately resourced charged with regulating CBNRM in Botswana

    Dispelling the Myths Behind First-author Citation Counts

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    We conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more sophisticated methods
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