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

2018 ◽  
Vol 112 (3) ◽  
pp. 410-432 ◽  
Author(s):  
Anthea Roberts
Keyword(s):  
Institutional Analysis ◽  
Institutional Choice ◽  
Wide Range ◽  
Comparative Institutional Analysis ◽  
Investment Law ◽  
Alternative Processes

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.

scholarly journals Imperfect Alternatives: Institutional Choice and the Reform of Investment Law

2018 ◽  
Vol 112 (3) ◽  
pp. 361-409 ◽  
Author(s):  
Sergio Puig ◽  
Gregory Shaffer
Keyword(s):  
Rule Of Law ◽  
International Institutions ◽  
Institutional Analysis ◽  
Institutional Choice ◽  
The Rule Of Law ◽  
Trade Offs ◽  
Comparative Institutional Analysis ◽  
Investment Law ◽  
Institutional Choices

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.

scholarly journals The Limitations of Comparative Institutional Analysis

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 255-260
Author(s):  
Sadie Blanchard
Keyword(s):  
Decision Making ◽  
Cognitive Processing ◽  
Foreign Investment ◽  
Simple Technique ◽  
Institutional Analysis ◽  
Law Reform ◽  
Policy Makers ◽  
Nation States ◽  
Comparative Institutional Analysis ◽  
Investment Law

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.

scholarly journals THE ROLE OF VILLAGE-OWNED ENTERPRISES (BUMDes) TO RURAL DEVELOPMENT: A COMPARATIVE INSTITUTIONAL ANALYSIS

2019 ◽  
Vol 3 (3) ◽  
Author(s):  
I Gede Agus Ariutama ◽  
Acwin Hendra Saputra ◽  
Renny Sukmono
Keyword(s):  
Rural Development ◽  
Small And Medium Enterprises ◽  
Institutional Analysis ◽  
Institutional Arrangement ◽  
Local Economy ◽  
Successful Implementation ◽  
Comparative Institutional Analysis ◽  
Institutional Aspects ◽  
The Village

Government intervention for village development is carried out with various policies. The establishment of BUMDes is one of the government's efforts to accelerate rural development, advance the local economy, and develop the village partnerships and/or third party’s partnerships. This study exploits comparative institutional analysis framework to examine further how institutional aspects can affect the application of BUMDes in the rural development. The institutional aspects of BUMDes utilization for rural development is worth emphasizing since it will be employed as a foundation between the actors in a specific social area (structure) in its various forms such as rules, norms, or a certain routine, and the institution as a form of authority for the social behavior of the village organization. Furthermore, the successful implementation of BUMDes in the rural development is also affected by how stakeholder system can manage the institutional aspects. The result of this study, from the standpoint of comparative institutional analysis, underlines: (1) the limited authority of the Ministry of Villages, Underdeveloped Regions and Transmigration for rural development suggests that this Ministry must establish a specific institutional arrangement with the Ministry of Internal Affairs and Ministry of Cooperatives and Small and Medium Enterprises as well as banking institutions; (2) The village government has not fully taken advantage of the flexibility of its institutional arrangement to use BUMDes as a source of rural development; and (3) there is considerable scope to increase the role of BUMDes. This paper will propose some practical advices while considering the existing institutional arrangement.

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