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Institutional Bypasses: A Strategy to Promote Reforms for Development
by Mariana Mota Prado Michael J. TrebilcockInstitutional bypass is a reform strategy that creates alternative institutional regimes to give citizens a choice of service provider and create a form of competition between the dominant institution and the institutional bypass. While novel in the academic literature, the concept captures practices already being used in developing countries. In this illuminating book, Mariana Mota Prado and Michael J. Trebilcock explore the strengths and limits of this strategy with detailed case studies, showing how citizen preferences provide a benchmark against which future reform initiatives can be evaluated, and in this way change the dynamics of the reform process. While not a 'silver bullet' to the challenge of institutional reform, institutional bypasses add to the portfolio of strategies to promote development. This work should be read by development researchers, scholars, policymakers, and anyone else seeking options on how to promote change and implement reforms in developing countries around the world.
Institutional Competition between Common Law and Civil Law
by Michèle Schmiegelow Henrik SchmiegelowThis book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.
Institutional Constructivism in Social Sciences and Law: Frames of Mind, Patterns of Change
by Dora KostakopoulouThis book proposes a new institutional constructivist model, for social scientific and legal enquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics. Much of the research conducted in social sciences and law examines the diverse activities of individuals and collectivities and the role of institutions in the social and political world. Although there exist many vantage points from which one can gain entry into understanding how agents in the world act, interact, shape and bear the world, socio-legal scientific epistemology has found monism and dualism to be convincing models. This book argues that current models do not capture the complexity of our micro-worlds, macro-worlds and meso-worlds. Nor can they account for the forms and patterns of socio-legal change. Mind, time and change are brought together in an attempt to contribute to socio-legal epistemology and to enhance its toolkit.
Institutional Crisis in 21st-Century Britain
by David Richards Martin Smith Colin HayIn 21st century Britain, a 'perfect storm' seems to have engulfed many of its institutions. This book is the first wholesale consideration of the crisis of legitimacy that has taken root in Britain's key institutions and explores the crisis across them to determine if a set of shared underlying pathologies exist to create this collective crisis.
The Institutional Effects of Executive Scandals
by Brandon RottinghausWatergate, Iran-Contra, Lewinsky, Enron, Bridgegate: according to the popular media, executive scandals are ubiquitous. Although individual scandals persist in the public memory and as the subject of academic study, how do we understand the impacts of executive indiscretion or malfeasance as a whole? What effect, if any, do scandals have on political polarization, governance, and, most importantly, democratic accountability? Recognizing the important and enduring role of scandals in American government, this book proposes a common intellectual framework for understanding their nature and political effects. Brandon Rottinghaus takes a systematic look the dynamics of the duration of scandals, the way they affect presidents and governors' capacity to govern, and the strategic choices executives make in confronting scandal at both the state and national levels. His findings reveal much about not only scandal, but the operation of American politics.
Institutional Failures: Duke Lacrosse, Universities, the News Media, and the Legal System
by Howard M. WassermanThe authors of this new collection argue that the many features of the now-infamous Duke University men’s lacrosse controversy are best understood in the context of the three major socio-legal institutions in which the drama played out. The legal system, Duke University, and the news media all struggled to respond to and handle the case, tinged as the events were with race, sex, violence, class, privilege, and notions and perceptions about sports. The problems, missteps, mistakes, and injustice in the case resulted from each institution's failure to operate properly, from the incentives built into each institution that affected individual behavior, and from the inability of each institution to communicate and cooperate with the others. To understand the Duke lacrosse controversy is to study these institutions and to answer questions about the performance of each-to learn what each did right and wrong and why, and to consider how each can improve in the future. By examining the actions of these institutions and the individuals within them, these essays consider the role each played in the case, how each contributed to the crisis and to its resolution, the ways in which they interacted with one another, and the lessons this case teaches about the appropriate functioning of each institution.
Institutional Foundations of Impersonal Exchange: Theory and Policy of Contractual Registries
by Benito ArrunadaGovernments and development agencies spend considerable resources building property and company registries to protect property rights. When these efforts succeed, owners feel secure enough to invest in their property and banks are able use it as collateral for credit. Similarly, firms prosper when entrepreneurs can transform their firms into legal entities and thus contract more safely. Unfortunately, developing registries is harder than it may seem to observers, especially in developed countries, where registries are often taken for granted. As a result, policies in this area usually disappoint. aBenito Arruada aims to avoid such failures by deepening our understanding of both the value of registries and the organizational requirements for constructing them. Presenting a theory of how registries strengthen property rights and reduce transaction costs, he analyzes the major trade-offs and proposes principles for successfully building registries in countries at different stages of development. Arruada focuses on land and company registries, explaining the difficulties they face, including current challenges like the subprime mortgage crisis in the United States and the dubious efforts made in developing countries toward universal land titling. Broadening the account, he extends his analytical framework to other registries, including intellectual property and organized exchanges of financial derivatives. With its nuanced presentation of the theoretical and practical implications, "Institutional Foundations of Impersonal Exchange" significantly expands our understanding of how public registries facilitate economic growth. "
The Institutional Framework of Russian Serfdom
by Tracy DennisonRussian rural history has long been based on a 'Peasant Myth', originating with nineteenth-century Romantics and still accepted by many historians today. In this book, Tracy Dennison shows how Russian society looked from below, and finds nothing like the collective, redistributive and market-averse behaviour often attributed to Russian peasants. On the contrary, the Russian rural population was as integrated into regional and even national markets as many of its west European counterparts. Serfdom was a loose garment that enabled different landlords to shape economic institutions, especially property rights, in widely diverse ways. Highly coercive and backward regimes on some landlords' estates existed side-by-side with surprisingly liberal approximations to a rule of law. This book paints a vivid and colourful picture of the everyday reality of rural Russia before the 1861 abolition of serfdom.
Institutional Leases in the 21st Century
by Chris Edwards Paul KrendelSince the 1980s the "institutional" lease has undergone a dramatic transformation. Landlord-orientated FRI leases for a term of twenty-five years with no breaks and upwards-only rent reviews have retreated before market demands for shorter, more flexible letting arrangements and, recently, in the face of threatened legislation. Nevertheless, valuers and lawyers will have to understand and deal with the 1980s leases until well into the second decade of the twnety-first century.The book sets out to explain the main changes that have occurred since the early 1990s (such as the rules relating to privity of contract). It also provides guidance on the factors driving further change, including the Code of Practice for Commercial Leases and the proposed new accounting standards.
Institutional Legacies, Decision Frames and Political Violence in Rwanda and Burundi (African Governance)
by Stacey MitchellRwanda and Burundi are strikingly similar countries that underwent democratization in the early 1990s. In both, resistance to democratic reforms led to coups d’état and presidential assassinations. A conundrum arises in terms of what transpires next. In Rwanda, total genocide was perpetrated by extremist Hutu actors, including government officials, upon the country’s Tutsi and politically moderate Hutu populations. In Burundi the coup d’état failed and instead ushered in a lengthy period of civil war. This divergence in outcome is puzzling given the similarity of these two countries, and it is not adequately explained by studies that address collective violence in each. This book utilizes an integrative approach that facilitates the formation of an explanation that more fully accounts for variation in the type of collective violence that occurred in Rwanda and Burundi. Showing that political actors – during periods of major institutional change – do not all respond to or perceive reform in the exact same manner or in a necessarily rational manner, this book makes an important contribution to the literature on ethnic conflict, collective violence and democratization in Africa.
The Institutional Paradigm of Economic Geography: A Perspective from Natural Resource and Environmental Econometrics
by Yiming HeThis groundbreaking book offers a comprehensive and contemporary analysis of the major areas of institutional economic geography. Each chapter discusses in detail the new developments and changes in the field, and with a balance of theory, applications and empirical tests provides a rigorous grounding in the economic analysis of the natural resources and environmental issues that are increasingly prominent policy concerns. The book is a must-read for any social scientist interested in real-world economic geography and institutional economics, including economists, political scientists, sociologists, historians, geographers and anthropologists.
Institutional Structure of Financial Regulation: Theories and International Experiences (Routledge Research in Finance and Banking Law)
by Robin Hui Huang Dirk SchoenmakerIn light of on-going global financial crises, the institutional structure of financial regulation is currently a subject of significant academic and practical interest. The financial crisis has called into question the adequacy of financial regulation at the national and supranational levels, and has instigated financial regulatory reforms in major markets overseas. This has included the enactment of the Dodd-Frank Act in the US, and the programme to split the Financial Services Authority in the UK. This book examines the institutional structure reform of financial regulation from a comparative perspective, exploring both fundamental theories and international experiences. The book explores the three main institutional structures of financial regulation in the world; the sectors-based model, adopted in the US, Mainland China and Hong Kong; the twin-peaks model with Australia and the Netherlands as its pioneers; and the single-regulator model as represented by the former Financial Services Authority in the UK and the Financial Services Agency in Japan. The book contains contributions from renowned experts in the field of financial regulation including Douglas Arner, Jeffrey Carmichael, Robin Hui Huang, Dirk Schoenmaker, and Michael Taylor, and will be of interest to students and researchers of banking and finance law, and comparative economics.
The Institutional Structure of Macroprudential Policy in the UK (Studies in European Economic Law and Regulation #26)
by Kosmas KaprinisMacroprudential policy (MPP) has been one of the major initiatives in the post-2008 crisis restructuring of financial regulation. Under the macroprudential mandate, the regulator monitors and judiciously controls systemic risk in the financial system, in an attempt to minimise the probability and severity of a future financial crisis. The book reveals why MPP authorities are rightfully at the centre of a highly sensitive policy debate, as MPP necessitates the allocation of significant regulatory power to technocrats, while the highly technical nature of MPP makes policy evaluation challenging. Specific issues examined include: the importance of financial stability as a public policy goal; the political economy issues stemming from the delegation of MPP to an independent authority; and the definition of accountability in the context of MPP. Focusing on a case study on the Financial Policy Committee of the Bank of England, the macroprudential authority in the UK, the book develops the normative grounds to justify the need for accountability in the conduct of MPP, while also formulating the necessary institutional framework to ensure the accountability of MPP authorities.
The Institutional Theory of the Firm: Embedded Autonomy (Routledge Studies in Management, Organizations and Society)
by Alexander StyhreThe Institutional Theory of the Firm examines recent and previous organization theory literature to advocate what Evans (1995) refers to as the "embedded autonomy" of the firm, as well as its role in being simultaneously anchored in, for example, corporate legislation and regulatory practices on the national, regional (i.e., within the European Union) and transnational levels, while at the same time being granted the right to operate with significant degrees of freedom within this legal-regulatory model. Seen in this view, the embedded autonomy of the corporation represents a theoretical view of the corporation that complements the market-based image of the corporation in economic theory. When advocating the institutional theory model, three forms of embedded autonomy are examined. First, the corporation is enacted as a legal entity sui juris—as a freestanding "legal person" in corporate law and within the regulatory framework that serves to enforce legislation in everyday life settings. Second, the corporation is embedded within what social theorists refer to as moral economies, the norms and values that regulate what are the socially acceptable and legitimate means for conducting business. Third and finally, the corporation is embedded in governance, a relatively complex economic concept that denotes legal and regulatory control on the societal and economic system levels, and on the level of the individual corporation. By combining the three forms of embeddedness, sanctioned by law, norms, and governance, the embedded autonomy of the firm is secured on the basis of a variety of social practices and resources. This book brings together a diverse literature including management studies, economic sociology, legal theory, finance theory, and mainstream economic theory to advance the argument that the corporation is best understood as what is embedded in a social and economic context, yet best serving its defined and stipulated ends by assuming considerable degrees of freedom to operate in isolation from various stakeholders. It will be of relevance for a variety of readers, including graduate students, management scholars, policy-makers, and management consultants interested in organization theory and management studies.
The Institutional Transformation of the Economic Community of West African States
by Kofi Oteng KufuorThis book examines regional economic integration in West Africa within the context of the institutional evolution of the Economic Community of West African States (ECOWAS). It uses the tools of the New Institutional Economics School (NIE) to explore the origins and development of the most recent ECOWAS Treaty. Particular attention is given to the interface between domestic legal arrangements and the success of open markets at the regional and international levels.
Institutionalisation beyond the Nation State: Transatlantic Relations - Data, Privacy And Trade Law (Studies in European Economic Law and Regulation #10)
by Elaine FaheyThis volume collects papers that explore institutionalisation in contemporary transatlantic relations. Policymakers, lawyers, and political scientists reflect on contemporary understandings of the process as an integration of regimes and orders from an EU perspective. The papers assess whether contemporary transatlantic relations call for a different approach to global governance with a heightened emphasis on institutionalisation. The book explores a diverse range of case studies of interest to a broad readership. In particular, it focuses upon two cutting-edge issues: transatlantic data privacy rules that are emerging after the post-Edward Snowdon / NSA / PRISM revelations; and trade aspects, especially the Transatlantic Trade and Investment Partnership (TTIP) Agreement. The contributors consider these case studies from a variety of perspectives, honing in on the dynamism, method, and high politics of transatlantic relations as they have recently evolved. They critically explore the commonly held assumption that transatlantic relations have historically been considered quasi-institutionalised at best or, at worst, lacking in terms of laws and institutions. Is institutionalisation a useful meeting point for all disciplines? Does it explain regional integration meaningfully across subjects? Can institutionalisation serve to promote accountability and good governance? Contributors across disciplines and subjects address these increasingly challenging and salient questions.
Institutionalising Patents in Nineteenth-Century Spain (Palgrave Studies in Economic History)
by David PretelThis book examines the development of the Spanish patent system in the years 1826 to 1902, providing a fundamental reassessment of its evolution in an international context. The Spanish case is particularly interesting because of this country’s location on the so-called European periphery and also because of the centrality of its colonial dimension. Pretel gauges the political regulation and organisation of the system, showing how it was established and how it evolved following international patterns of technological globalisation and the emergence of the ‘international patent system’ during the late nineteenth century. Crucially, he highlights the construction and evolution of the patent system in response to the needs of Spain's technologically dependent economy. The degree of industrial backwardness in mid-nineteenth-century Spain set the stage for the institutionalisation of its modern patent system. This institutionalisation process also entailed the introduction of a new technological culture, social infrastructure and narrative that supported intellectual property rights. This book is important reading to all those interested in the history of patents and their role in globalisation.
The Institutionalization of the International Criminal Court
by Salla HuikuriThis book explores the institution of the International Criminal Court (ICC) as a policy instrument. It argues that after the Cold War the European Union started challenging the unilateral policies of the United States by promoting new norms and institutions, such as the ICC. This development flies in the face of traditional explanations for cooperation, which would theorize institutionalization as the result of hegemonic preponderance, rational calculations or common identities. The book explains the dynamics behind the emergence of the ICC with a novel theoretical concept of normative binding. Normative binding is a strategy that provides middle powers with the means to tie down the unilateral policies of powerful actors that prefer not to cooperate. The idea is to promote new multilateral norms and deposit them in institutions, which have the potential to become binding even on unilateralist actors, if the majority of states adhere to them.
Institutions, Governance and the Control of Corruption (International Economic Association Series)
by Kaushik Basu Tito CordellaThis book considers how emerging economies around the world face the challenge of building good institutions and effective governance, since so much of economic development depends on having these in place. The promotion of shared prosperity and the battle against poverty require interventions to reach out to the poor and the disadvantaged. Yet time and again we have seen such effort foild or diminished by corruption and leakage. The creation of good governance and institutions and structures to combat corruption require determination and passion but also intricate design rooted in data, analysis, and research. In this book, leading researchers from around the world bring to the table some of the best available ideas to help create better governance structures, design laws for corruption control, and nurture good institutions.
The Institutions of Private Law and Their Social Functions
by Eli GinzbergIn the English-speaking world, Karl Renner is by far the best-known among the Austro-Marxists who were active in the Austrian socialist movement during the first few decades of the twentieth century. Recognition of Renner's scholarship is due largely to the English translations of his works on Marxism, as well as to the secondary writings on his notions of socialist legality and national cultural autonomy.Renner has for over half a century been celebrated for the only book of his that has, to date, been wholly translated into English. It remains the classic socialist attempt to off er a realistic understanding of the role of the legal institution of private property in modern society: The Institutions of Private Law and Their Social Functions. In his introduction to this edition, A. Javier Trevii?1/2o discusses the volume's relevance for today, and briefly describes that aspect of Renner's life that occupied most of this time and energy: his involvement in Austrian social democratic politics.The substance of Renner's exposition remains intact. The text provides one of the best insights into the relationship between capitalism and property's economic functions. It emphasizes how this fundamental institution's application has, since the initial stage of finance capitalism, increased or diminished, been externally transformed, or inherently metamorphosed. In an age of unprecedented global financial crisis, emerging market countries, and increased government regulation, Trevii?1/2o suggests we would do well to heed the book's message. It might help us understand the complex situations we encounter today as we grapple with our hybrid identities as salaried workers and economic investors.
Institutions, Property Rights, and Economic Growth
by Sebastian Galiani Itai SenedThis volume showcases the impact of the work of Douglass C. North, winner of the Nobel Prize and father of the field of new institutional economics. Leading scholars contribute to a substantive discussion that best illustrates the broad reach and depth of Professor North's work. The volume speaks concisely about his legacy across multiple social sciences disciplines, specifically on scholarship pertaining to the understanding of property rights, the institutions that support the system of property rights, and economic growth.
instructions to presiding officers for conduct of village panchayat elections - zilla panchayat elections
by State Election Commission Goa StateAlmost every one of you have worked at the time of the last General Flections either as a Presiding or as a Polling Officer. The procedure followed by you then is generally adopted during the Panchayat elections. Certain changes have been made during the polling. Such changes as also the salient features of the manner of conducting this election on the polling day arc given
Instructions, Verdicts, and Judicial Behavior (Readings in Trial Advocacy A/T Soc Sci #Vol. 4)
by Robert M. KrivosheyFirst Published in 1994. Volume 4 in the 4-volume anthology of scholarly articles titled Readings in Trial Advocacy and the Social Sciences; a series seeking to increase our understanding of courtroom dynamics. This fourth volume consists of six jury instructions, six verdicts and two articles on judicial behaviour. These collection raises issues ranging from ability of jurors to understand judicial instructions to the ability of attorneys to predict the outcome of pending litigation.
Instrument Flying Handbook: Revised Edition
by Federal Aviation AdministrationThe Federal Aviation Administration’s Instrument Flying Handbook provides pilots, student pilots, aviation instructors, and controllers with the knowledge and skills required to operate an aircraft in instrument meteorological conditions.This up-to-date edition is illustrated with full-color graphics and photographs and covers topics such as basic atmospheric science, the air traffic control system, spatial disorientation and optical illusions, flight support systems, and emergency responses. The book’s two appendixes contain information on clearance shorthand and an instrument training lesson guide. Readers will also find a handy glossary and index.Since many questions on FAA exams are taken directly from the information presented in this text, the Instrument Flying Handbook is a great study guide for potential pilots looking for certification and a perfect gift for any aircraft or aeronautical buff.Additional topics included throughout this text include:Ground-based radar navigationApproaches to civil airportsFlying and landing in difficult weather conditionsAircraft system malfunctionsAirspace classificationDifferential global positioning systemsAnd many more!
Instrument Flying Handbook (Federal Aviation Administration): FAA-H-8083-15B
by Federal Aviation AdministrationThis is the FAA's primary pilot resource for instrument flight rules and training. It (IFR) covers everything pertinent to operating an aircraft, both in instrument meteorological conditions (IMC) and without reference to outside visuals, relying solely on the information gleaned from the cockpit. Information applies to both analog and electronic flight displays, and is organized into separate coverage of the traditional and pictorial displays.Instrument Flying Handbook includes chapters on national airspace system, the air traffic control system, human factors, aerodynamics, flight instruments, flight maneuvers for IFR operations, navigation, emergency operations, as well as helicopter operations and more. Advanced systems are covered, including flight management systems, the primary flight display (PFD) and multi-function display (MFD), synthetic vision, and traffic advisory systems. Instrument clearance shorthand is discussed, and an instrument training lesson guide is provided.The Instrument Flying Handbook is designed for use by flight instructors, pilots preparing for the Instrument Rating FAA Knowledge and Practical Exams, and instrument-rated pilots looking for a refresher or preparing for an Instrument Proficiency Check (IPC). This edition features with full-color illustrations and diagrams, along with a comprehensive glossary and index.