Institutional Rivalry and Improvisation

Evidence collected from 64 countries confirms the comparative law theory of a convergence between common law and civil law. Yet, institutional competition between the two legal traditions continues as assumed by legal origins theory (LOT). Ideally, it drives convergence. Reviews on both substantive and procedural levels, however, infirm LOT’s assertion that common law is economically superior to civil law. Learning in law and economics occurs in both directions. While the traditional characterization of common law as judge made, and of civil law as codified is being eroded by convergence, the competition between the two traditions is evidenced by stark, and counterintuitive, contrasts in the degrees of legislative and procedural efficiency. Talcott Parsons’ sociological functionalism offers a simple matrix illustrating the stakes, actors and sources of law involved in institutional competition between common law and civil law. The history of convergence offers a rich reservoir of experience for developed, developing and transforming countries alike to consider. The American philosophy of pragmatism is a better guide for legal reforms than dogmatic dissension between legal origins.

Purpose Although related literature acknowledges the role of entrepreneurial leadership (EL) in enhancing institutional competitiveness and performance in higher education institutions (HEIs), there is a paucity of empirical studies examining this relationship, particularly the mediating role of entrepreneurial culture. To address this research gap, this study aims to determine whether EL has a positive impact on institutional competitiveness and institutional performance. The study also determines whether entrepreneurial culture mediates the relationship between EL and institutional competitiveness and between EL and institutional performance. Design/methodology/approach The study employed a cross-sectional survey design and collected data via a self-administered questionnaire. The study performed an ordinary least squares regression analysis to test its hypotheses using the PROCESS macro v4 for SPSS. Findings EL has a significant positive impact on entrepreneurial culture, institutional competitiveness, and institutional performance. Moreover, entrepreneurial culture has a significant positive impact on institutional competitiveness and institutional performance. Additionally, entrepreneurial culture significantly mediates the relationship between EL and institutional competitiveness and between EL and institutional performance. Practical implications This study highlights the need for HEI leaders to adopt an EL style and promote an entrepreneurial culture to enhance their institutions' competitiveness and performance. Originality/value This study is the first to examine entrepreneurial culture as a mediating mechanism linking EL with institutional competitiveness and performance in HEIs. The study integrates resource-based and dynamic capability theories to provide valuable insights into the roles of EL and entrepreneurial culture in improving institutional competitiveness and performance in HEIs.

Modern economy updates the problems of institutional competitions manifested in permanent non-compliance with the rules by the economic agents, the introduction of new institutions, standards, agreements, destruction of the current institution system. The import of the instutitions is the most relevant type of the institional competition. The borrowing of the institutions exert the impact of the established rules on the internal institutions and organizational forms, thus becoming dependent, just like their executors. This provides the initiator of the introduced rules with some benefits and the leading role in the institutional competition. The purpose of the research is to use theory of the institutional competition to propose a unified quality assessment method for the acting and re-introduced institutions to approve of the managerial decisions aimed to adjust the institutional system. The research methodology consists of institutional theory and assessment approaches to classical and functional efficiency, as well as in the field of quality assessment for the institution performance, which are defined as abstract norms and organizational structures, including the development institutions as regional development agencies. The result of the study was a designed general model of institutional competition, presentation of the blocking effect and dysfunction of the imported institution, as well as the proposed unified comparative assessment method for the quality of acting and imported institutions. It is also substantiated that the plot of the Coase theorem is opposite to the "lock-in" effect, while the Coase theorem lacks institutional competition. In practice, transactional costs are shown not to be equal to zero for the institutional competition. When institutions are imported, costs can increase with lock-in effects and dysfunction. In this regard, the introduction of new institutions should be justified with the parameters of the performance efficiency in some countries and with the conditions of the social economic system where they are supposed to be used, taking into account the institutional competition. The institutional competition is showcased as the import of development institutions as regional development agencies. Further research is seen to be connected with testing the proposed approach under the quality assessment criteria from the institutions and designed models for determining the permissible volume of imports of institutions.

Introduction. The system of higher education in Ukraine is an integral part of the international educational space. In terms of the number of universities (total and per capita), Ukraine is among the top 25 countries with the largest number of higher education institutions. Although Ukraine has a fairly wide network of higher education institutions, this does not mean that there is only pure competition in the regional markets of educational services. The purpose of the paper is to study the competition of higher education institutions in the regional markets of educational services in Ukraine. Results. In the article the authors study the competition of higher education institutions in the regional markets of educational services in Ukraine. Maps of competition of higher education institutions in 29 fields of knowledge in Ukraine have been constructed. For each field of knowledge, the types of competition of higher education institutions in the regional markets of educational services in Ukraine have been identified, including such as “monopoly”, “oligopoly” and “pure competition”. If there are no higher education institutions in the region that train specialists in a certain field of knowledge, then such a region was referred to as a “free niche”. Conclusion. Exceptionally pure competition of higher education institutions in the regional markets of educational services in Ukraine takes place only in the fields of knowledge 05 “Social and Behavioral Sciences” and 07 “Management and Administration”. In other fields of knowledge to some extent there are signs of oligopoly and/or monopoly of higher education institutions in the regional markets of educational services in Ukraine. There is no pure competition of higher education institutions in the regional markets of educational services in Ukraine in such fields of knowledge as 04 “Theology” and 21 “Veterinary Medicine”.

As great power competition is escalating, institutional rivalries have emerged as a new lens for understanding interstate competition. Institutional rivalries are important components of the strategic rivalries between the US and China in West Asia due to the US zero-sum mentality. There are two types of institutional rivalries between the two powers: regional and global. In the context of multipolarity, the international institutional rivalries embedded in the US-China rivalry is a concrete manifestation of the power transition and the transformation of the international order, reflecting the US ambition for dominance over rules, norms, and agenda-setting in West Asia. In the face of Sino-US institutional rivalries, West Asian countries adhere to divergent policy orientations, featuring institutional bandwagoning, balancing, hedging, and distancing. Three factors contribute to the West Asian countries’ mixed responses: their international engagement with world affairs, political friendliness with the US and China, and their economic dependence on the two powers.

Summaries The land tenure situation in rural Africa is often described as uncertain and insecure, and recent reforms have addressed this issue. Consequently, it is a paradox that measures taken to reduce the insecurity that rural people face every day in fact often increase uncertainty, or at least reconfigure it. Responses to this by local people and local political entrepreneurs vary and raise fundamental questions about public authority and institutional competition. The informal recording of property transactions on paper seems to develop proportionally to the states' generally less than successful efforts to formally record the land tenure situation. In many African societies it is either illegal or practically impossible to acquire a formal deed to ‘one's’ land, either because the state considers itself to be the sole proprietor or because overly formalistic and cumbersome procedures prevent ordinary people from acquiring such documents. Nonetheless, a wide variety of written documents recording property transactions exist in rural Africa. While these are not deeds or contracts in the formal sense, informal practices of public validation by a variety of politico‐legal institutions have developed. In the case of Niger, the promise of registration of customary land rights under the land tenure reform, the Rural Code, created a huge popular demand for registration. However, the state agencies' incapacity to meet this demand opened the terrain for local institutional bricolage and competition. Such local practices are technically non‐legal but tolerated by the state, and are the way ‘property’ is produced. Consequently, the attempt to increase security of tenure has the unintended aggregate result of accentuating the uncertainty of authority: which institution can legitimately validate property?

The article is researched the issue of the competitiveness of higher education institutions in the conditions of deepening local and global rivalry. The characteristics of the competitiveness of the higher education institution are singled out: comparability, openness, dynamism, objectivity, image quality, systematicity, objectivity of the factors of competitive formation. The factors of competitiveness of the institution of higher education have been determined: usefulness (quality, compliance with the regulatory framework); consumer costs for educational services (consumption price); marketing factors that determine the effectiveness of the offer (promotion methods, service implementation channels, etc.). The features of educational services as non-commercial are determined. It is substantiated that the prerequisites for the formation and maintenance of a high level of competitiveness of higher education institutions are: the ability to quickly adapt to changes – the level of adaptability; the ability to implement innovative educational technologies – innovativeness; the ability to effectively use creative methods of solving problems, etc. In addition, the identified prerequisites are system-forming for the effective functioning of higher education institutions and their further development. The degree and quality of interaction with the market of educational services and the labor market were considered as an important factor in increasing the level of competitiveness of higher education institutions on the domestic and foreign markets. It has been proven that the key elements that determine the level of satisfaction of the needs of consumers of educational services are: individuals – obtaining a quality education that gives the opportunity to compete on the labor market for better working conditions; institution of higher education – in improving the image and increasing competitiveness; enterprises, institutions and organizations – in highly qualified personnel who have the following features: creativity, critical thinking, communication skills and the ability to work in a team; society – in economic, ecological and social development, which corresponds to the global concept of sustainability and spiritual development.

The article examines the challenges that arise before the education system in the conditions of military aggression. The changing political and social situation during the conflict seriously affects educational institutions and their ability to provide quality education. The purpose of the study is to create a structural and functional set of criteria for ensuring the processes of forming the competitiveness of educational institutions in the conditions of full-scale military aggression and post-war reconstruction. The article analyzes the effects of military conflict on education infrastructure, access to education, and the psychological well-being of students and staff. She reveals the need to adapt the criteria for assessing the competitiveness of educational institutions pays attention to the flexibility of the educational process and the ability to respond to emergency situations. The article used the method of literature analysis, which made it possible to systematize the results of the analysis of scientific studies, articles, reports, and other sources of information related to the competitiveness of educational institutions in the conditions of military aggression and post-war reconstruction. This allows you to establish the presence of problems, identify factors and determine previous theoretical approaches to the assessment of competitiveness. Analytical methods, including statistical data analysis, modeling, and other analytical approaches for assessing competitiveness, are used to identify relationships and important factors affecting the competitiveness of an educational institution. Based on the use of these methods, a model for assessing the competitiveness of educational institutions was developed. Using the competitive assessment model helps higher education institutions improve their strategic plans. This allows them to identify their strengths and weaknesses, identify competitive opportunities and threats, and develop effective development strategies. The competitiveness assessment model contributes to the improvement of the quality of education.

The quality of educational services is the basis for securing the competitiveness of educational institutions, which is displayed in their ability to compete in the mobile educational space and the mobile learning market (receive competitive advantages). In turn, the quality of services means their compliance with requirements, standards, and contracts specified by law. From this perspective, administrative mechanisms are intended to establish quality parameters in the legal framework, verifying their reasonability in practice. The list of administrative mechanisms includes licensing, certification, accreditation, standards, qualification framework, requirements for qualification of teaching staff, typical staffing standards, governmental surveillance (control) in the form of inspections and punishment, and ownership relations regulation. The article aims to substantiate the application of governmental standards as administrative mechanisms for securing the competitiveness of Ukrainian educational institutions. The conceptual foundations of the creation of administrative mechanisms in education that emerge based on the new challenges for the educational system are examined. The antagonism of the impact of administrative mechanisms on educational institutions in Ukraine and its competitiveness is mapped and characterized. Various criteria for the application of administrative mechanisms to secure the competitiveness of educational institutions are determined. The systemic measures on standards application taken by different EU countries are substantiated. Based on the analysis of the Law of Ukraine “On Standardization”, the nature of standards and their application features are specified. The article proves that the standards can be divided by criteria and approaches, allowing their systematization. The specifics of the application of administrative mechanisms to secure the competitiveness of educational institutions in Ukraine are defined.

Topicality. The unsuccessful attempt to privatize the Ust-Dunaysky seaport indicates the objective need to strengthen not only the organizational, but also the scientific and methodological basis of port reform in Ukraine. The scientific and methodological foundations of port reform should be built taking into account the modern achievements of not only the neoclassical mainstream of economic science, but also institutional economics. And if these opportunities are not used in the future, then in the future this may cast doubt on the success of the transition to a concession form of relations in such large seaports as Odesa, Chornomorsk and Izmail. Aim and tasks. The purpose of the article is to apply the concept of institutional competition to the study of the institutional and economic mechanism of the functioning of the port economy in Ukraine. The tasks of the article are: analysis of the reforming property relations problems in the seaports of Ukraine using the example of an unsuccessful attempt to privatize the Ust-Dunaysky seaport; use of the concept of institutional competition as a methodological mediator between the neoclassical theory of natural monopoly and economic practice. Materials and methods. The methodological basis of the article is formed by the methods of neoclassical and neoinstitutional analysis of the economy, as well as elements of the dynamic theory of competition of the Chicago school and the neo-Austrian approach to the analysis of monopoly and competition problems. The information base of the study was domestic and foreign scientific publications, information and analytical materials, legislative and regulatory acts of Ukraine. Research results. It is shown that the unsuccessful privatization of the relatively small Ust-Dunaysky port can serve as a symptom of a strategic error associated with the privatization of integral property complexes and underestimation of the significance of institutional competition between their elements. It is proved that in the process of preparing privatization and concession in seaports it is important to fully take into account the conclusions of modern institutional economics, which shows how natural monopoly can be supplemented by institutional competition based on the principle of differential optimization. Conclusion. The story of the Ust-Dunaysky port shows the negative results of the one-sided application in practice of the concept of natural monopoly without its supplementation by institutional competition. Therefore, the main practical conclusion is that in the process of reforming the port economy, depending on specific circumstances, it is possible to privatize and concession not only integral real estate complexes, but also their individual elements to create relations of institutional competition between them. The main methodological conclusion is the need to take into account the possibilities of differential optimization as fully as possible during the preparation for the concession of large ports, especially since in large ports the scale and structure of economic activity create favorable objective conditions for institutional competition.

The article is devoted to the study of competitiveness management and higher education institutions, the study of factors influencing its formation, and the development of a mechanism for managing the competitiveness of higher education institutions, taking into account management approaches and competitiveness factors. The main theoretical approaches to the determining of the category "competitiveness of higher education" were considered and analyzed. It is substantiated that higher education institutions of Ukraine operate in difficult conditions of uncertainty, which implies constant adaptation to the challenges of the external environment. Higher education institutions are increasingly applying the principles of management and development that exist in business organizations, thus adapting to market conditions. In the coming years in the market of educational services of Ukraine, the decrease in the number of free educational institutions and the number of applicants for higher education will continue. These trends dictate the need to form an effective system for managing the competitiveness of higher education institutions in the market of educational services. The classification of factors of competitiveness of higher education institutions on various grounds has been developed. Managing the competitiveness of higher education institutions is seen as an activity aimed at forming a number of management decisions, which, in turn, should be aimed at resisting external influences to achieve leadership in accordance with the strategic goal. Strategic competitiveness management of higher education institutions is based on the principles of strategic management, scientific approaches to competitiveness management and should be aimed at creating sustainable competitive advantages related to the market situation of educational services, development of innovative components of the educational process, efficient use of all available resources. Effective organizational and managerial structure of the institution of higher education has been proposed.

In the article, the interpretation of the term “competitiveness of banking institutions” by domestic scientists is presented. Various approaches to understanding the scientific category “competitiveness of banking institutions” are analyzed, and several important points and potential shortcomings in some interpretations are highlighted. The author's definition of the concept of “competitiveness of banking institutions” is given. Three levels of competitiveness of a banking institution are highlighted and graphically depicted, namely: microlevel - the position of an individual market entity, mesolevel - interaction with other participants in the industry or region, and macrolevel - contribution to the overall competitiveness of the national banking system. The main methods and techniques for assessing the competitiveness of a banking institution are described, namely: quantitative - analysis of financial indicators, liquidity indicators, solvency (capital) indicators, efficiency indicators, asset quality indicators; qualitative - SWOT analysis, BCG matrix (Boston Consulting Group), McKinsey matrix (General Electric / McKinsey), Ansoff matrix; graphic – competitiveness radar, method based on life cycle theory, experience curve study; analytical – CR4 concentration index, Herfindahl-Hirschman index, Rosenblud index, Lind index, Lerner index; complex – methods based on taking into account the cumulative effect of Porter's “national diamond” determinants, taxonomic method, radar method, benchmarking method; expert – credit ratings, RATE rating methodology, Expert CAMELS methodology. A set of criteria has been grouped, covering both objective financial indicators and subjective perception of value by customers, which directly affect the competitiveness of the bank, in particular: financial and product criteria – interest rates, tariffs and fees, service cost, availability and flexibility, product variety; technological and innovative criteria – digitalization and online services, speed and convenience of service, use of artificial intelligence and automation, security of transactions; customer-oriented and service criteria – professionalism and competence of staff, personalized approach, communication channels, speed of resolving requests and complaints; image and reputation criteria – market reputation, financial stability, ratings and reviews.

The intensifying competition in the global higher education market has compelled higher education institutions to move beyond traditional promotional practices and adopt integrated marketing strategies that address credibility, differentiation, and stakeholder expectations. This study aims to examine how integrated marketing strategies, combining the traditional marketing mix with public trust and strategic partnerships, contribute to enhancing the competitiveness of higher education institutions. The research employed a mixed-methods design using survey data collected from 146 respondents, including students, parents, and administrative staff from higher education institutions in the Bukhara region. The data were analyzed systematically through SWOT and STEPLED frameworks to capture internal capabilities and external environmental dynamics influencing institutional competitiveness. The findings demonstrate that integrated marketing strategies significantly strengthen institutional competitiveness by improving brand image, reinforcing public trust, and supporting sustainable strategic positioning. Digital marketing adoption, alumni engagement, and inter-institutional partnerships emerged as key drivers of competitive advantage, while limitations in professional marketing capacity and financial resources remained critical challenges. The novelty of this study lies in empirically integrating public trust and strategic partnerships into the classical marketing mix within a unified analytical model tailored to a transitional higher education context. The results provide theoretical contributions to higher education marketing literature and offer practical and policy-relevant implications for university leaders seeking to design evidence-based, sustainable marketing strategies that enhance competitiveness in both regional and international higher education markets.Keywords : Integrated Higher Education Marketing, Institutional Competitiveness, Public Trust Governance, Strategic University Partnerships, Institutional Brand ReputationHighlight : Integrated marketing, public trust, and partnerships jointly strengthen higher education institutional competitiveness. Brand image and public trust directly shape stakeholder perceptions and student choice decisions. Digital marketing adoption and strategic partnerships consistently improve institutional positioning in competitive education markets.

Motivation: Central and Eastern European countries (CEE) in spite of a long period of European Union membership and integration with the developed economies of Western Europe are still on the path of convergence, i.e. pursuing the highly developed countries in terms of, among others, GDP per capita. Assuming that the FDI inflow carries numerous benefits for the economic growth of the recipient country, those economies still compete against one another for foreign capital. One of the factors that attracts FDI is high quality of institutional surrounding.
 Aim: assessment of institutional competitiveness of the selected CEE countries (Czech Republic, Estonia, Lithuania, Latvia, Poland, Slovakia, Slovenia, Hungary) as well as verification of the relationship between institutional competitiveness and the FDI inflow to the analyzed economies.
 Materials and methods: The article reviews positions obtained by the selected CEE countries in the ranking of competitiveness published by Global Economic Forum (Global Competitiveness Report). The analysis and assessment of CEE countries competitiveness focused around the institutional quality assessment. Quantitatively, the connection was revealed between competitiveness ranking in the field of institutions and FDI inflow per capita and FDI as % of GDP to the economies under consideration.
 Results: the analysis of the global competitiveness index (GCI) allows to notice that among the CEE countries, Estonia is characterized with the highest institutional competitiveness. The detailed analysis indicated that low social capital quality decreases institutional competitiveness in case of all analyzed economies. The conducted quantitative analysis of the potential link between the GCI?Pillar 1. Institutions index and the inflow of foreign direct investments to CEE countries indicates the positive correlation of those variables. Higher index values (institution quality assessment) corresponds to the higher FDI per capita level and FDI calculated as GDP percentage.

This study examines the interplay between knowledge management, educational quality, and institutional competitiveness in higher education. Using structural equation modeling (SEM), we analyzed survey data from 210 professors at the University of Guadalajara to assess how knowledge creation, dissemination, and application influence academic excellence and competitive positioning. The model confirms knowledge management as a critical driver of both quality enhancement (p = 0.852) and institutional competitiveness (p = 0.962), highlighting gaps in measuring intangible factors. The findings advocate for integrated knowledge strategies aligned with academic missions and suggest exploring emerging technologies, such as artificial intelligence (AI), to optimize these processes. This research provides actionable insights for universities seeking to leverage knowledge assets for sustainable innovation in increasingly interconnected academic landscapes.