Comparative Institutional Analysis Research Articles

Institutional Choice and Targeted Killing: A Comparative Perspective

For over a decade, the use of targeted killing has been one of the most controversial issues in counterterrorism policy and law. One longstanding debate over this tactic concerns the allocation of decision-making and oversight authority among the branches of government. As attempts to settle this debate through textual and historical sources yield indeterminant answers, scholars tend to examine them through a functionalist prism, asking what institutional structures best serve the interests of national security while ensuring adequate accountability and preventing unnecessary force. This article, retaining that functionalist framing of that issue, will approach the question through a comparative law analysis. Three of the countries most heavily engaged in global counterterrorism—the U.S., the U.K., and Israel—have adopted substantially different approaches for regulating counterterrorism targeting, each according a primary supervisory role to a different governmental actor: the Executive in the U.S., Parliament in the U.K., and the Judiciary in Israel. This article describes, compares, and critically analyzes these approaches. Drawing on comparative institutional analysis theory, it then examines the findings and reaches three main conclusions. First, that in light of the judiciary’s unique structural perspective and expertise, some judicial involvement in developing the legal standard that guides and constrains government action is desirable. Second, that suboptimal decision-making and illegality due to executive bias are more likely to occur where the executive is accountable only to its own internal oversight mechanisms. And third, that in both presidential and parliamentarian systems, legislators do not have and are unlikely to have any sort of meaningful influence on executive behavior in this domain. The article concludes by suggesting a few possible institutional reforms.

Typologies of lesson study coordination: a comparative institutional analysis

ABSTRACTLesson study has attracted the attention of teachers and teacher educators over the past two decades, and practices vary from region to region and from school to school. This study, as a conceptual discussion paper, aims to discuss the modes of coordination of lesson study at the school level, based on comparative institutional analysis (CIA). CIA is a framework to investigate the ‘rules of the game’ that govern given organisations. The conditions of categorisation include three core foci: whether lesson study is essentially more subject oriented or student oriented, whether or not the entire school is involved and whether or not the members are consistent throughout the process. According to these conditions, five modes are generated, namely: subject expert mode (E-mode), subject departmental mode (D-mode), LSLC multiple layer mode (M-mode), LSLC initial concentration mode (C-mode) and LSLC initial participation mode (P-mode). These are based on the differing needs of teachers: E-mode and D-mode refer to the more subject oriented lesson study aimed at instructional improvement; M-mode refers to school reform based on the needs of students observed in the process of lessons; finally, C-mode and P-mode are introductory approaches to M-mode, requiring careful planning and management for scaling up.

Comparative institutional analysis for public health: governing voluntary collaborative agreements for public health in England and the Netherlands.

Democratic institutions and state-society relations shape governance arrangements and expectations between public and private stakeholders about public health impact. We illustrate this with a comparison between the English Public Health Responsibility Deal (RD) and the Dutch ‘All About Health…’ (AaH) programme. As manifestations of a Whole-of-Society approach, in which governments, civil society and business take responsibility for the co-production of economic utility and good health, these programmes are two recent collaborative platforms based on voluntary agreements to improve public health. Using a ‘most similar cases’ design, we conducted a comparative secondary analysis of data from the evaluations of the two programmes. The underlying rationale of both programmes was that voluntary agreements would be better suited than regulation to encourage business and civil society to take more responsibility for improving health. Differences between the two included: expectations of an enforcing versus facilitative role for government; hierarchical versus horizontal coordination; big business versus civil society participants; top-down versus bottom-up formulation of voluntary pledges and progress monitoring for accountability versus for learning and adaptation. Despite the attempt in both programmes to base voluntary commitments on trust, the English ‘shadow of hierarchy’ and adversarial state-society relationships conditioned non-governmental parties to see the pledges as controlling, quasi-contractual agreements that were only partially lived up to. The Dutch consensual political tradition enabled a civil society-based understanding and gradual acceptance of the pledges as the internalization by partner organizations of public health values within their operations. We conclude that there are institutional limitations to the implementation of generic trust-building and learning-based models of change ‘Whole-of-Society’ approaches.

A comparative institutional analysis on strategies that graduates use to show they are ‘employable’: a critical discussion on the cases of Australia, Japan, and Vietnam

ABSTRACT Employability has become a key concept that has attracted the attention of scholars and industries in many countries. At the same time, this concept is highly fluid and vague because its nature is not evidenced by real employment and differences in the nature of labour markets from country to country. Thus, it would be more worthwhile to discuss strategies that graduates utilise while job hunting in order to show how employable they are, and then compare these strategies across countries. Therefore, in this study, the aim is to compare the strategic tendencies of graduates entering the labour markets in three countries: Australia, Japan, and Vietnam. To this end, a comparative institutional analysis is performed. Through the investigation, three types of strategy are identified. In Australia, as the market tends to consist of various competitors with different experiences, graduates must differentiate themselves from others. In Japan, the market consists of competitors from the same academic year cohort and employment tends to be more long term, so employment is seen more as a type of membership, where one must match the corporate culture. In Vietnam, as trust in universities is low in terms of their training programmes and little support is provided, university students utilise their human networks for entry into the labour market and demonstrate their capacity for growth during a probation period.

Qualitative comparative institutional analysis of environmental governance: Implications from research on payments for ecosystem services

Designing environmental governance structures and in particular ecosystem services governance structures, means modifying, replacing, or creating institutional arrangements. Several scholars have tried to identify sets of functioning and particularly preferred institutional design principles for environmental governance. Comparative institutional analysis (CIA) plays a major role in this process and refers to comparing real-world institutions, organizations, decision-making structures, and coordination mechanisms. CIA attempts to determine preferred institutional arrangements among several possibilities. Within the paper, it is emphasized that the set-theoretic Qualitative Comparative Analysis (QCA) approach and technique may support CIA. Therefore, different institutional structures that regulate resource use may be understood and presented as sets of institutions and may be put into a relation. Correspondingly, the paper illustrates a qualitative comparative institutional analysis (QCIA) application procedure. It explains how QCA works, determines how it could be applied to CIA, and defines certain basic steps for QCIA application. The application of crisp-set and fuzzy-set QCA are presented step by step based on two examples – German agri-environmental payment schemes (AEM) and the Chinese Sloping Land Conversion Program (SLCP). Finally, challenges and benefits of QCA application to CIA of environmental governance structures are discussed. In sum, the paper shows that QCA may generally support the CIA of complex units, which are conducted by many institutional economists and institutionalists. QCA can help to facilitate the reduction of structural institutional complexity. Furthermore, QCA provides formalization for qualitative comparative aspects, and the generated results are highly policy relevant. However, there are certain challenges and limitations of QCIA that also cannot be neglected.

Human resource management in multinational and domestic enterprises: A comparative institutional analysis in Southeast Asia

This article looks at the relative impact of context on the role of senior managers. It compares HR directors of domestic enterprises (DEs) with those of multinational enterprises (MNEs), within an emerging market setting, based on a survey of HR directors in Brunei. We found that, with the exception of some aspects of selection and recruitment, HR directors of MNEs accorded a higher priority to strategic tasks but were more reluctant to delegate. This study confirms the importance of MNEs in pioneering more modern and integrated approaches to people management but also demonstrates the limitations to the extent where they might act as evangelists of new practices that are adopted by their local peers. In contrast, local firms were more likely to concentrate their attention on administrative, rather than strategic, issues. We draw out the implications of our findings for theory and practice.

Industry mimetic isomorphism and sustainable development based on the X-STATIS and HJ-biplot methods.

Based on both neo-institutional theory and comparative institutional analysis, this paper studies the role that mimetic forces play in the patterns and evolution of behavior concerning company sustainability. The panel data is composed of 6600 observations of 600 international large listed companies belonging to 39 different activity sectors for the period 2004-2014. Through employing the multivariate statistical methods HJ-biplot and X-STATIS, which provide a useful visualization of a complex data structure in a low-dimensional space, it can be observed that mimetic forces indicate that firms operating in high-impact sectors-sectors that operate under greater pressure from interest groups-face greater social and environmental risks and have higher corporate social responsibility (CSR) scores than companies from other sectors. The adoption or development of CSR practices depends largely on the type of industry in which the company operates, as stakeholder engagement in different industry sectors has different areas of concern. Therefore, companies operating in more polluting sectors, such as mining, paper, chemicals, or oil, give higher priority to environmental protection and defense of human rights, while other, less polluting companies involved in the communication sector are concerned to a greater extent by social issues, such as business ethics or the rights of their employees. Finally, this paper evidences that firms operating in similar contexts, in industries that face analogous risks and challenges, probably develop common policies and regulations with the aim of mitigating the pressures applied by their major stakeholder groups.

Toward comparative institutional analysis of polycentric social‐ecological systems governance

AbstractIn this paper, we develop a conceptual approach that allows better understanding of what determines the performance of polycentric governance. The paper first identifies discrete structural alternatives of polycentric governance types (Public Service Industries). We suggest that efficient performance of Public Service Industries is shaped by variations in social‐problem characteristics (determining potential types of governance) and constitutional and overarching rules (of people's choosing), which jointly determine the credibility with which citizen‐consumers are able to discipline the activities of agents involved in governance. We illustrate this approach through the case of transnational biofuel governance in the European Union. We find that constitutionally granted (lack of) transparency and accountability are, in this case, pivotal for relatively inefficient governance of public goods. However, we also acknowledge the difficulties of assessing performance of polycentric governance based on single case studies. To overcome this problem, we suggest Comparative Institutional Analysis, which selects case studies according to social problem characteristics that are responsible for particular kinds of performance (e.g., efficiency) of polycentric governance types. This would allow scholars associated with the Bloomington School of Political Economy but also scholars analyzing governance from perspectives adopting similar assumptions to learn more about how constitutional rules shape the performance of polycentric governance types to build sound policy recommendations derived from this.

Incremental, Systemic, and Paradigmatic Reform of Investor-State Arbitration

InImperfect Alternatives: Institutional Choice and the Reform of Investment Law, Sergio Puig and Gregory Shaffer introduce comparative institutional analysis to evaluate alternative processes for resolving investment disputes. The impetus for this article is clear: many states view investor-state arbitration as akin to a horse that has bolted from the barn. Wishing to close the stable door, a wide range of states are considering the merits of various reform proposals. Puig and Shaffer's comprehensive and balanced framework for assessing the tradeoffs involved in making different choices is thus a welcome and timely intervention in these (often highly polarized) debates.

Imperfect Alternatives: Institutional Choice and the Reform of Investment Law

AbstractThis Article applies the theory of comparative institutional analysis to evaluate the trade-offs associated with alternative mechanisms for resolving investment disputes. We assess the trade-offs in light of the principle of accountability under the rule of law, which underpins the goals of fairness, efficiency, and peace that are attributed to investment law. The Article makes two recommendations: first, reforms should address complementarity between domestic and international institutions; second, institutional choices should respond to the different contexts that states face.

Comparative and Legal Study of Registries of Unscrupulous Participants of Competitive Procedures Regulated by Federal Laws «On the Contract System in the Sphere of Purchase of Goods, Jobs and Services for Providing the State and Municipal Needs», «On Purchase of Goods, Jobs, Services by Certain Types of Legal Entities», as Well as by the Land, Housing and Forest Codes of

This article carries out a comparative legal analysis of the Russian institutions of registers of the unconscientious participants of the competitive procedures conducted within the contractual system in the sphere of purchases to provide the state and municipal needs, purchases made by the certain types of legal entities, as well as housing, land and forestry legislation. The author comes to the conclusion about their conceptual unity, their inseparable relationship with the competitive procedures, the emergence of which is a stage in a market economy development, the impossibility of an undubitable definition of the legal nature of the institutions under consideration, as well as the presence of certain differences and contradictions in their legal regulation, the existence of which is not based on objective reasons. The author proposes to improve the current policy management of the institutions under consideration in order to exclude the differences that are not caused by the peculiarities of the regulated relations, as well as to bring the regulatory and legal framework to a conceptual unity; he provides the substantiation for such proposals.

How far has international HRM travelled? A systematic review of literature on multinational corporations (2000–2014)

This article reviews the present state of research on multinational corporations (MNCs) in the international human resource management (IHRM) literature. Drawing on 342 articles from 39 English journals in the business and management field published over the period of 2000–2014, we identify three key strands within this section of the IHRM scholarly field (MNC country of origin/domicile effects; expatriate management; and, intra-organizational knowledge and strategy flows). Building up on our detailed assessment of trends in the literature based on a systematic review, we propose areas where the field could be developed and extended through drawing on insights from, and building synthesis with, cognate fields. We conclude that major developments on the ground – the increasing numbers of unskilled expatriate workers, the rise of MNCs from emerging markets, and the growth of transnational alternative investors – have the potential to transform the field of enquiry, yet are only starting to appear in the IHRM literature. In developing new major areas of enquiry – and in extending existing ones – insights may be drawn from the literature on comparative institutional analysis to take fuller account of trans-national actors.

The European Parliament and the eurozone crisis: An exceptional actor?

The eurozone crisis has reinvigorated the debate over the requirement for supranational integration within the single currency area. With the focus of political scientists often restricted to the study of intergovernmental processes of crisis management, this article considers the role of the European Parliament during the key legislative negotiations on European Union fiscal governance reform. A comparative frame analysis of the major European Union institutions’ crisis discourse is applied. Frames are linked to macroeconomic ideology as well as to different integration scenarios within Economic and Monetary Union. It is found that the European Parliament converged around limited framing devices supporting intergovernmental fiscal discipline. Key explanatory factors here were the ideological divisions among Members of the European Parliament as well as the leadership role played by the European Council. These findings are broadly consistent with the new intergovernmentalist claims that the supranational institutions are no longer hard-wired to the pursuit of supranational integration.

Institutions and Corporate Social Responsibility

We provide an overview of existing research on CSR and institutions and suggest avenues for future development. We begin by laying out how the three major forms of institutionalism have approached CSR, what kinds of institutions and levels of analysis have been used, and how this has been linked to various domains of CSR. Based on this overview, we derive implications for research and directions how work at the intersection of CSR and institutions might advance. Specifically, it seems to us that the field should stop viewing institutional conformity as CSR and instead apply insights from comparative institutional analysis to voluntary (“explicit”) forms of CSR, leverage configurational methods, and explore the co-evolution of CSR and institutional norms.

Medieval representative assemblies: collective action and antecedents of limited government

Medieval monarchs in Western Europe responded to financial and military pressures by instituting representative assemblies. Three estates (classes; orders) were represented in these assemblies: clergy, nobility, and burghers. In the late medieval and early modern periods, some states tended towards absolutism (e.g., France); others towards constitutional monarchy (e.g., England). The German historian Otto Hintze conjectured that two-chamber assemblies were more likely to resist monarchical encroachments on their political authority than three-chamber assemblies. We argue that the two- versus three-chamber distinction is coincidental to what was truly relevant: whether chambers were estate-based or had mixed representation from multiple estates. We provide a comparative institutional analysis that emphasizes political bargaining and the costs of expressing special versus common interests. This analysis suggests that mixed representation assemblies, all else equal, provided a stronger check on absolutism than their estate-based counterparts. We also provide historical case studies of France and England that lend insights into why an estate-based Estates General arose in the former, while a mixed representation Parliament arose in the latter.

Rebalancing and Regional Economic Performance: Northern Ireland in A Nordic Mirror

AbstractNorthern Ireland has been characterised as having an excessively large public sector. This characterisation has led some to explain poor regional economic performance in terms of ‘crowding out’. This diagnosis has been used to justify a policy of ‘rebalancing’ and the region copying its southern neighbour's lower rate of corporation tax. The experience of large public sectors in the Nordic economies seems however to suggest that higher public spending is not necessarily damaging. This argument is examined critically. Rodrik's comparative institutional analysis indicates that in the Nordics a large public sector was the result of building a successful tradable private sector rather than its cause. In terms of the possible ‘economic dividend’ from devolution we suggest that a Hayekian insight is better: no ‘silver bullets’ exist.

Governing knowledge commons in Caribbean disaster management: A comparative institutional analysis

Governing knowledge commons in Caribbean disaster management: A comparative institutional analysis

Gordon Tullock Meets Phineas Gage: The Political Economy of Lobotomies in the United States

In the late 1940s, the United States experienced a “lobotomy boom” where the use of the lobotomy expanded exponentially. We engage in a comparative institutional analysis, following the framework developed by Tullock (2005), to explain why the lobotomy gained popularity and widespread use despite widespread scientific consensus it was ineffective. We argue that government provision and funding for public mental hospitals and asylums expanded and prolonged the use of the lobotomy. We support this claim by noting the lobotomy had virtually disappeared from private mental hospitals and asylums before the boom and was less used beforehand. This paper provides a more robust explanation for the lobotomy boom in the US and expands on the literate examining the relationship between state funding and scientific inquiry.

Legal principles of organic production in Ukraine: Realities and prospects

The purpose of the article is to consider the prospects of Ukraine concerning attraction of foreign investments into production of organic products. Formal-legal, materialist dialectics and comparative-legal methods are used. The attention is focused on the subjects of legal relations concerning organic production, in particular, on joint ventures with attraction of foreign capital, the stages of certification regarding the production of organic products. The temporary restrictions on the possession of agricultural land in some EU countries and in Ukraine have been analyzed. A comparative analysis of land lease institutions and the right to use another’s land for agricultural needs (emphyteusis) has been carried out.

The Limitations of Comparative Institutional Analysis

Atul Gawande's Checklist Manifesto became a sensation in 2009 because it promised that a simple technique could powerfully discipline decision-making. Gawande had saved lives using hospital checklists, and he argued that checklists could improve outcomes in other complicated endeavors. Checklists, he explained, “provide a kind of cognitive net. They catch mental flaws.” Neil Komesar's method of comparative institutional analysis is by necessity messier than the checklist and does not claim to produce faultless policy-making. But Komesar similarly seeks to improve cognitive processing by imposing a disciplining framework on decision-making. Sergio Puig and Gregory Shaffer's effort to introduce Komesar's technique to the debate about foreign investment law reform is welcome. Their emphasis on tradeoffs among institutional alternatives helps us to appreciate the different contexts facing different nation states, the value of regime competition, and consequently, the importance of implementing reforms in ways that preserve a variety of options for states. If they persuade commentators and policy-makers to take stock of the tradeoffs among institutional alternatives, Puig and Shaffer will have made a meaningful contribution. Still, their analysis illustrates some of the weaknesses of comparative institutional analysis. In this essay, I identify those weaknesses and suggest that they also weigh in pluralism's favor.