Institutional Choice Research Articles

Challenging Orthodoxy: State Immunity from Court Supervisory Jurisdiction in Investor-State Disputes?

This article considers the role of national courts in investment treaty arbitrations between an investor and a host-State. While the ICSID arbitration regime provides for an a-national approach, the choice of alternative arbitral institutions or rules in an investment treaty could bring into issue the role of the courts of the place of arbitration. It is suggested that the involvement of a sovereign State as a party to such arbitration proceedings raises issues of state immunity not encountered in international commercial arbitrations. While an agreement in an investment treaty to arbitrate an investor-state dispute confers jurisdiction on an arbitral tribunal to determine the dispute, there is presently no global consensus that such an agreement alone amounts to a waiver of immunity of the host-State from the jurisdiction of other national Courts. Absent such waiver of jurisdiction, the court of the place of arbitration would lack legitimacy to exercise any ‘supervisory’ jurisdiction over the host-State party to ensure compliance under its domestic legislation. The authors suggest that national legislatures should consider this when reviewing applicable domestic laws on international arbitration and state immunity. Treaty negotiators should be aware as well of such limitations. State immunity, waiver of immunity, investment arbitration agreement, investor-State dispute, international arbitration, immunity from jurisdiction, court of the seat, supervisory jurisdiction

International branch campuses: the influences of country of origin and campus environment on students’ institution choices and satisfaction

ABSTRACT Based on the first ratings of international branch campuses (IBCs) by Dubai’s Knowledge and Human Development Authority (KHDA), which are further supported by findings in the literature, we investigated students’ institution choices and satisfaction, focusing on country of origin and campus environment as possible key influences. The study adopts an inductive qualitative research design involving semi-structured interviews with 53 IBC students in Malaysia and the United Arab Emirates (UAE). We found that an IBC’s country of origin influences both students’ institution choices and students’ overall satisfaction with their institution. Although we also found that campus servicescape and facilities impact upon students’ institution choices and satisfaction, these were secondary when compared to education-related factors. We conclude that while a favourable campus servicescape may contribute less to overall student satisfaction compared to other factors, a campus environment with poor or inadequate facilities and equipment may result in student dissatisfaction.

Understanding Contextual Factors Influencing Chinese Students to Study at a Hong Kong Institution's Intra-Country Branch Campus

International branch campuses (IBCs) are commonly used by nations and universities to achieve internationalization. Although existing research has examined students’ attitudes and behaviors toward IBCs, few studies have investigated these issues in an intra-country context. Hong Kong institutions’ IBCs in the Greater Bay Area of Mainland China are examples of cross-border education that is offered under China's ‘one country, two systems’ policy. Using the concept of global-national-local imbrication as the theoretical lens, this qualitative study explores contextual factors influencing students’ motivations to enroll at a Hong Kong instituion's intra-country IBC. The findings suggest that students are drawn by global (e.g., high level of internationalization), national (e.g., shared culture), and local (e.g., high function-price ratio) factors to enroll at IBCs. These findings have generated new insights into students’ motivations within a unique environmental context, and the global-national-local imbrication paradigm provides a new attempt to explain the destination and institutional choices of students in transnational education.

Choices of medical institutions and associated factors in older patients with multimorbidity in stabilization period in China: A study based on logistic regression and decision tree model

AbstractBackgroundAs China's population ages, its disease spectrum is changing, and the coexistence of multiple chronic diseases has become the norm with respect to the health status of its elderly population. However, the health institution choices of older patients with multimorbidity in stabilization period remains underresearched. This study investigate the factors influencing the choices of older patients with multimorbidity to provide references for the rational allocation of healthcare resources.MethodsA multistage, stratified, whole‐group random‐sampling method was used to select eligible older patients from September to December of 2022 who attended the Community Health Service Center of Guangdong Province. We adopted a self‐designed questionnaire to collect patients' general, disease‐related, social‐support information, their intention to choose a healthcare provider. A binary logistic regression and decision tree model based on the Chi‐squared automatic interaction detector algorithm were implemented to analyze the associated factors involved.ResultsA total of 998 patients in stabilization period were included in the study, of which 593 (59.42%) chose hospital and 405 (40.58%) chose primary care. Our binary logistic regression results revealed that age, sex, individual average annual income, educational level, self‐reported health status, activities of daily living, alcohol consumption, family doctor contracting, and family supervision of medication or exercise were the principal factors influencing the choice of medical institutions for older patients with multimorbidity (p < 0.05). The decision‐tree model reflected three levels and 11 nodes, and we screened a total of four influencing factors: activities of daily living, age, a family doctor contract, and patient sex. The data showed that the logistic regression model possessed an accuracy of 72.9% and that the decision tree model exhibited an accuracy of 68.7%. Prediction using the binary logistic regression was thus statistically superior to the categorical decision‐tree model based on the Chi‐squared automatic interaction detector algorithm (Z = 3.238, p = 0.001).ConclusionMore than half of older patients with multimorbidity in stabilization period chose hospitals for healthcare. Efforts should be made to improve the quality of healthcare services and increase the medical contracting rate and recognition of family doctors so as to attract older patients with multimorbidity to primary medical institutions.

Analysis of Students Performance on Admission Placement

In the present-time, getting admission to study a preferred course of choice in the Nigerian tertiary institutions by prospective applicants is highly competitive. As a criteria, applicants are required to meet the UTME (Unified Tertiary Matriculation Examination (UTME) and five (5) relevant ordinary level credits, including English and Mathematics as a prerequisite before securing admission. However, being wrongly placed for a course that is different from ones choice could negatively affect learning and outcomes. Therefore, proper placement would have tendency of enhancing not only learning and outcomes but also self-esteem; thus improved productivity. This paper has examined students’ performance based on the course sought at entry and course placed to study. The CGPA of 300-Level students in the 2020/2021 session of the Department of Mathematics and Statistics, Yobe State University was used as a particular case for the investigation. Descriptive and Non-parametric techniques were employed. We found that applicants who sought to study computer science or physics at entry but were placed to study mathematics/statistics performed better than those who sought to study chemistry or biology. However, applicants who sought to study chemistry and placed to study mathematics/statistics are fairly better as compared to biology. Conclusively, the results of this study will inform decision makers and tertiary institution managers towards selecting those suitable to study mathematics/statistics if their preferred courses not secured.

Impact of the COVID-19 pandemic on bladder cancer patients: a multicenter real-world study.

Hospital management and medical treatment changed during the coronavirus disease 2019 (COVID-19) pandemic. This study investigated the impact of the COVID-19 pandemic on patients with bladder cancer. In this multicenter retrospective study, we collected information from the electronic medical records of outpatients who underwent cystoscopy and inpatients with confirmed bladder cancer in three hospitals in Nanjing (two province-level and one county-level hospitals) in 2019 and 2020. Patients' home addresses, treatment methods, length of stay, and pathology were compared between the periods. In total, 4048 outpatients and 1242 inpatients were included. The average number of cystoscopies decreased significantly during the lockdown. In province-level hospitals, the number of cystoscopies increased gradually as the pandemic was brought under control but remained lower than that in 2019, whereas the number grew in 2020 in county-level hospitals. The rates of recurrence and radical cystectomy were higher in 2020 than in 2019. No significant difference in the pathological grade was observed. More patients who underwent radical cystectomy were diagnosed with muscle-invasive bladder cancer during the 2020 lockdown. The pandemic severely affected patients with bladder cancer, mainly in their choice of institution and treatment.

Smallholder crop farmers’ attributes for formal financial services in Nigeria: An analysis

Financial services to the agricultural sub-sector in Nigeria and particularly to small farmers is difficult because financial institutions have specific requirements that must be met. Many small farmers are hardly serviced and this has affected the growth of the sector. Nevertheless, understanding the nature of the sector and peculiarities of categories of farmers will help build an efficient financial system that is beneficial to farmers and financial institutions alike. This study examined attributes of formal financial institutions smallholder crop farmers prefer for better financial services in Nigeria. Data were elicited from the six agro-ecological zones of the country using the extension officers in Agricultural Development Projects (ADP) of the different states. A total of 399 smallholder crop farmers were sampled and the study used the conjoint technique and multinomial logistic technique in analyzing the data. Results revealed that financial services such as loan, insurance, account opening, credit/debit cards, and funds transfer, were highly rated and preferred by most smallholder crop farmers. However, these farmers were more inclined to loans that were customized (flex loans), insurance claims due within 90 days, savings account opening, cash points for credit/ debit cards within a kilometer of their residence, and funds transferred in 24 hours. Conjoint analysis of the key variables showed that funds transfer within 24 hours was the only significant variable; and the interaction effect (trade-off effect) of this variable with others revealed that, an average smallholder crop farmer would rather prefer loan that is customized, insurance claim within 90 days, and a cash point within a kilometer of his residence to funds that would take longer than 24hrs to arrive. The multinomial result showed that a farmer’s level of education, gender, and farm size were key determinants of an average farmer’s choice of a financial institution. The study, therefore, recommends that, financial institutions should optimize their services in terms of funds transfer and accessibility, and should emphasize only services that are important so as to operate maximally. JEL Classification: Q14, G21, G22, G29, G41. Keywords: Formal financial services, Nigeria, smallholder crop farmers, conjoint analysis, multinomial logistic

Do we need Moodle in medical education? A review of its impact and utility

Various learning management systems (LMSs) are available to facilitate the development, management, and distribution of digital resources for both face-to-face and online instruction. In recent decades, these methods have shown potential for greater efficiency compared to traditional "chalk and talk" approaches. Additionally, they have paved the way for the establishment of ubiquitous learning environments, marking a new era in education. In a trend accelerated by the coronavirus disease 2019 pandemic, LMSs have been increasingly adopted to overcome the restrictions inherent to in-person education. In medical education, LMSs such as Moodle, Canvas, Blackboard Learn, and others have been introduced and used to support teaching, learning, and assessment activities. Of these, Moodle stands out as the most popular choice for many medical schools and institutions, primarily due to its flexibility, functionality, and user-friendliness. The learning environment is gradually transforming from traditional in-person teaching to a hybrid educational approach, driven by the need to fulfill diverse educational demands. Numerous research studies have examined the usability of Moodle in medical education, demonstrating its effectiveness in addressing challenges related to adaptive personalized learning, collaborative learning, blended learning, and more. Consequently, Moodle has emerged as a valuable solution for medical educators seeking a versatile and robust platform to enhance their teaching methodologies. The present review focuses on the practical utilization of Moodle in medical education and the advantages it offers to this field.

The Comparative of Arbitration Performance and Public Court on Settlement of Civil Disputes in Indonesia

The purpose of this study is to describe the comparison of dispute resolution mechanisms by arbitration and dispute resolution through general courts. This study uses normative juridical, referring to legal norms which include laws and regulations, court decisions and applicable legal rules. Furthermore, this research will answer legal issues regarding dispute resolution through arbitration. Normative legal research is "legal research conducted by examining literature (secondary data). The results of the study indicate that there are two choices of arbitral institutions to resolve disputes, namely arbitration and general courts. Comparison of dispute resolution mechanisms between arbitration and institutional arbitration is that arbitration has the freedom of the parties to determine the arbitrator, guarantees the confidentiality of the parties because dispute resolution is carried out in private, the parties can determine the place of arbitration, choice of law in dispute resolution, and the dispute resolution process is faster, namely can be completed in no more than 180 days. While settlement through a general court requires a relatively long time, is open to the public, and is confrontational in nature, all decisions are final and binding. However, for arbitration, the recognition and implementation of the decision must still be registered with the district court. Weaknesses of arbitration are the emergence of suspicion of each party about the closeness of the arbitrator, given the current sophistication of technology, so that the number of dispute resolution through arbitration in Indonesia is very small. Society prefers litigation over non-litigation.
 
 Received: 21 April 2023 / Accepted: 09 August 2023 / Published: 5 September 2023

The EU’s Recovery and Resilience Facility: An Exceptional Borrowing Instrument?

ABSTRACT The Recovery and Resilience Facility (RRF) authorises the European Commission to borrow up to €672.5 billion to aid member states’ economic recovery from COVID-19. Some scholars see such funding as unprecedented. Others see a tight link with earlier borrowing instruments. By comparing the EU’s pandemic facility to eleven such instruments created between 1952 and 2021, this article shows that the RRF is familiar in some respects but novel in others. Viewed through a historical institutionalist lens, the RRF shows signs of layering, but limited evidence of displacement or path dependence. Over the last seven decades, member states have added to earlier instruments, we show through process tracing, but they have rarely been locked into institutional choices. The RRF’s strict time limit is consistent with this finding. The RRF will not become permanent, our analysis suggests, but borrowing is now part of the EU’s toolkit.

The motivational factors and the perceived effects of attaining higher education among post-diploma graduate nurses and midwives in Kumasi, Ghana: A cross-sectional study

BackgroundGlobally, there has been increased demand for higher education in nursing and midwifery to support evidence-based practice. It is believed that higher education in nursing leads to improved quality of care. The motivation for pursuing higher education, the choice of institution for learning and the effects of higher education programs have not been given much attention in research literature in Ghanaq ObjectiveTo assess the motivating factors, reasons for the choice of institution and the perceived effects of attaining higher educational qualifications among post-diploma graduate nurses and midwives. Study designDescriptive cross-sectional study. SettingKumasi. ParticipantsConvenience and snowball sampling were used to select 523 nurses and midwives who had pursued higher education after their Diploma in Nursing or Midwifery education. MethodA researcher-developed questionnaire was used to collect data on motivation, choice of institution and perceived effects of higher education by nurses and midwives. Data were analyzed through descriptive statistics, Pearson correlation and linear regression at 0.05 significance level. ResultsThe greatest motivation for higher education by nurses/midwives was to improve clinical judgment. Academic quality and reputation of the institution were the main reasons for the choice of institution (n = 458, 92.7 %). There were weak but positive significant correlations between the perceived effects of higher nursing and midwifery education and pressure from the workplace (r = 0.204, p < .001), and increasing new demands from clients (r = 0.284, p < .001). Increasing demands from clients (β = 0.203, p < .001) and improving social status (β = 0.264, p < .001) were the motivating factors that influenced the perceived effects of higher nursing and midwifery education. ConclusionThe desire for improved professionalism and increased expertise are the reasons nurses and midwives seek higher education. Health managers should support nurses and midwives to attain higher education to improve the quality of care.

Modeling higher education institutional choice drivers: a pre- and in-pandemic study of business schools in India

PurposeThe decision to select one amongst many choices of higher education institutions (HEIs) is a complex process. At a theory-building level, this study investigates the determinants of students' decisions as they consider investing in a long-term credence service higher education (HE) contract in pre- and in-pandemic and the implications for education managers. The second aspect is how disruptive global events influence such choice-making.Design/methodology/approachThe study hypothesized that there would be significant differences in the driving factors and their weight in students' decisions seeking admission into B-schools (Business schools). Structural equation modeling (SEM) and t-test validate the determinants and test hypothesized differences.FindingsResults reveal that core faculty quality, industry exposure, institutional brand name, placement offered, return on investment and specializations offered are the preferred choice criteria. The results reveal that choice criteria in the pre-and in-pandemic differ significantly.Originality/valueThe application of the SEM approach on a large primary database of students during the pre and in-pandemic periods to understand the changes in the choice of B-school for admission is the original aspect of the paper. Insights from the four hypotheses which got rejected provide value to stakeholders. As the pandemic is rearing its head once again across the globe, this study would be able to inform admissions managers on how to navigate for admissions success.

Impact of Digital Financial Services on Customers’ Choice of Financial Institutions: A Modified UTAUT Study in Bangladesh

Impact of Digital Financial Services on Customers’ Choice of Financial Institutions: A Modified UTAUT Study in Bangladesh

Choice of slavery institutions in Ancient Greece: Athenian chattels and Spartan helots

AbstractThe ancient Greek city-states were slave societies, but the institutions of slavery differed across them. The slaves of democratic Athens were foreigners bought as chattels labouring in agriculture, craftsmanship, banking, mining, and domestic services and were often given some limited freedoms and extra pay. On the contrary, the helots, the slaves of oligarchic Sparta, were indigenous of the lands they cultivated for their masters and were treated harshly. The study offers an economic explanation of the different slavery systems. Modelling the slaveholder as a profit maximiser, it attributes the different systems to differences in the probabilities of the slaves running away or revolting, the dependence of output on effort-intensive or care-intensive production technology, which depends on the fertility of the soil and affects whether the slave is treated kindly instead of harshly, and the cost of guarding slaves under different regimes.

Strategi Peningkatan Mutu Lembaga Pendidikan Madrasah

The quality of education is the main goal that every madrasa wants to achieve. Quality is a must that must be achieved in order to increase public trust in madrasas. Because quality-oriented madrasahs will be the institutions of choice, this is because most madrasas, especially madrasahs managed by the community, have suffered setbacks. The quality of madrasah education services will be determined by the extent to which madrasahs can optimally manage all existing capabilities and resources, the paradigm that must be built by madrasahs is to build quality. This research method uses descriptive qualitative research methods dan the type of research used is the library research method . is a study based on the philosophy of postpositivism that uses interpretative and constructive paradigms. Quality management aims to improve the quality of work, increase productivity and efficiency by increasing performance and improving the quality of work. High-quality education is not only reflected in the quality of graduates but also in the quality of educational institutions that can meet and serve customer needs according to applicable quality standards. The central basic technique for continuous quality improvement is improving the quality of all objects processed in education administration, starting from teachers, students, curriculum, learning processes, educational institutions, financing, and also relations with the community. Madrasas that live mainly from, through, and for the community need attention and support from all parties. Quality improvement does not occur without input from all parties. Therefore, to improve their quality, madrasas must be assisted to maintain and struggle so that they can live and develop and compete with other educational institutions. Keywords: Concept of Quality, Quality of Education, Quality Strategy

The Potential of Promotional Media as A Marketing Instrument for Open and Distance Higher Education: A Segmentation Study

This research identifies market segments among university students based on media promotion usage. It examines the impact of media promotions on the choice of programs and institutions of open and distance university institutions. This study used a quantitative methodology, and the population studied consisted of all currently enrolled Universitas Terbuka students throughout Indonesia, with a total sample of 2,250 people. In this research, market segmentation has been carried out using the cluster method, which includes demographic, geographic, psychographic, and behavioral segments. The demographic segment that is assessed age and gender of students, recent graduates, and income; The geographic segment is mapped to the origin of the UT regional offices; the psychographic segment includes reasons for studying and choosing UT; and the behavioral segment from which information is first and most effective. This research implies that the results can be used as a reference in supporting higher education promotion. The Novelty of this study is that no other studies have compared the potential of promotional media as a marketing instrument for open and distance higher education.

Preferences of patients with diabetes mellitus for primary healthcare institutions: a discrete choice experiment in China

ObjectivesTo quantify the preference of patients with diabetes mellitus (DM) for primary healthcare (PHC) institutions in China to redirect the patient flow and improve health outcomes.DesignCross-sectional study. Discrete choice experiment...

Towards an Effective Appellate Mechanism for ISDS Tribunals

AbstractThis Article identifies the problems of an Appellate Mechanism for ISDS Tribunals in relation with its possible benefits. We propose the inclusion of certain design features to improve the working of an eventual Appellate Mechanism and help mitigate problems related to procedural, conflict resolution, and substantive concerns. We finish by identifying the most central problems with a possible Appellate Mechanism, which helps to narrow down options within the ongoing reform process at UNCITRAL. Overall, we illustrate how institutional choice is always contextual and that all institutional options are imperfect and subject to important trade-offs.

Centralization, Elite Capture, and Service Provision: Evidence From Taiwan

Much recent work has debated the effect of decentralization on service provision, its underlying mechanisms, and the tradeoff between responsiveness and elite capture. This study contributes to that debate by investigating a rare partial rollout of institutional change that reversed administrative, fiscal, and political decentralization in Taiwan. Utilizing a difference-in-differences design, I find that centralization decreases public goods provision and that such a negative effect is stronger and more robust on those public goods that involve greater local government activity. Additional evidence related to mechanisms suggests that the loss of proximity and accountability in service delivery after centralization can be critical. The effect heterogeneity results do not constitute strong evidence that centralization significantly improves service provision in areas with higher levels of local elite capture. These findings highlight the importance of decentralization’s responsiveness advantages in improving local service provision and advance the policy debate on local institutional choice.

Preservation of Community Values: Study of the Samin Bojonegoro Teaching Transformation Model Through the Education Unit Curriculum

This article explains the process of instilling values, which is carried out by internalizing community teachings through educational units. The internalization of values is achieved by inserting Samin's noble pitutur in PAI and PPKn subjects at elementary, middle and high school levels. The choice of this educational institution indicates that schools have a strategic role in preserving values. This participatory action research was conducted in Dusun, Japan, a hamlet inhabited by the Samin Bojonegoro community. This community adheres to the teachings of its ancestors. However, on the other hand, the openness in this community also allows for a permissive attitude, which has the potential to erode the strength of their traditions. The research was carried out for four months, starting with problem mapping, problem analysis and action involving traditional stakeholders, policy stakeholders and education stakeholders. The choice of action taken is to insert community values through Islamic Religious Education and Character subjects and Pancasila and Citizenship Education subjects. This insertion is a cultural preservation strategy that stakeholders consider to be the right step because, through this institution, children can internalize the noble values that exist around them.