An Introduction to Institutional Transplantation

Mamadouh, Virginie; Jong, Martin de; Lalenis, Konstantinos

doi:10.1007/978-94-011-0001-4_1

Cited by 18 publications

(14 citation statements)

References 11 publications

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“…Thus, from the policy perspective, our findings suggest that much can be achieved by emulating already existing best local practice. The latter policy approach will also come with lower risks related to 'institutional transplants' from far away (Mamadouh, De Jong and Lalenis, 2002).…”

Section: Discussionmentioning

confidence: 99%

Growth Aspirations and Social Capital: Young Firms in a Post-Conflict Environment

Efendić

Mickiewicz²,

Rebmann

2013

AMPROC

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Section: Discussionmentioning

confidence: 99%

Growth Aspirations and Social Capital: Young Firms in a Post-Conflict Environment

Efendić

Mickiewicz²,

Rebmann

2013

AMPROC

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“…Compensation rights for land use regulations be replicated (Mamadouh et al, 2002). But since there is frequently a quest for better, more just, or more operational planning laws, and since the variety of alternatives is usually not intuitively apparent, the capacity to learn systematically from other countries' laws and their implementation is a valuable policy resource.…”

Section: Cross-national Comparative Research In Planning Lawmentioning

confidence: 98%

Guest editorial: comparative research at the frontier of planning law

Alterman

2011

International Journal of Law in the Built Environment

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PurposeThis paper aims to present the merits of cross‐national comparative research as a method for pushing the frontier of knowledge about planning laws. Since in every country there is usually some dissatisfaction with its present planning laws or certain aspects of them, cross‐national research can open an arena of alternatives based on real‐life experiences. To demonstrate this argument the paper focuses on a shared dilemma – how should the law handle the negative effects of some planning decisions on land values. This case is used to demonstrate both the comparative method and the usefulness of comparative findings. The conclusions point out the opportunities for cross‐learning.Design/methodology/approachThe overall argument about the comparative research draws on the author's extensive experience in conducting cross‐national research on a variety of issues in planning laws. The research on compensation rights reported here draws on the author's recent book which analyses the laws and practices in 13 countries. To ensure a “common platform” for comparison, the author developed a method based on a set of factual scenarios and a shared framework of topics. A team of country‐based researchers conducted the legal analysis, and the team leader conducted the comparative analysis.FindingsThe 13‐country analysis shows that there is a great variety of approaches to compensation rights around the world and a broad range of degrees, from no compensation at all to extensive compensation rights. There is no “consensual approach”. The search for similarities based on region in the world, legal family, cultural background, density or demography, shows that the differences cannot be “explained” on the basis of these variables. The degree of political controversy on this issue also varies greatly. The breadth of laws and practices offer a range of alternative models to enrich local debates.Research limitations/implicationsAny comparative research on a new topic is bound to be exploratory. There are not yet any established theories in planning law (or in comparative research) from which hypotheses can be derived and tested. However, the large sample of countries, covering 40 per cent of the OECD countries (at the time), and the careful shared method have likely produced reliable findings.Originality/valueMost of the comparative research that the author has conducted over the years charted new grounds in both its topics and its comparative breadth. The paper reports in brief on cross‐national comparative research on compensation rights. The full research, on which this paper draws (published as a book in 2010), is the first to look at this specific issue globally with a large 13‐country sample of OECD countries.

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“…However, whether such transplants prove effective both in terms of legal adoption, actor application and desirability in terms of policy outcomes is to be studied on a case-by-case basis. Nation-specific characteristics as well as flexibility, creative and an independent stance in its adoption process play a role here (Jacoby, 2000;Mamadouh et al, 2002).…”

Section: Basic Explanatory Conceptsmentioning

confidence: 98%