Naslov
From Promising Institutional Transplants to Legal Irritants: Some Institutional Aspects

Autori
Šimić Banović, Ružica

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Recent Advances in IT, Tourism, Economics, Management and Agriculture / - Beograd : Udruženje ekonomista i menadžera Balkana (UDEKOM), 2017, 290-301

ISBN
978-86-80194-08-0

Skup
International Scientific Conference ITEMA 2017

Mjesto i datum
Budimpešta, Mađarska, 26.10.2017

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
legal transplants, postsocialism, reforms, stakeholders, institutions

Sažetak
Studies depicting successful reform strategies increasingly recommend comprehensive use of local knowledge and deeper understanding of local circumstances and institutions. In that regard, local scholars seem to play crucial role in initiating, advising and implementing reforms. Apart from expertise they possess, they are also familiar with deeply rooted institutions and possible obstacles. The expert assistance is offered by the international organisations as well, and it is usually coupled with burgeoning financial resources and transfer of ‘best practices’. In addition, the commitment of key stakeholders is considered a precondition for successful reform implementation. Still, despite all the knowledge employed and with all the success factor boxes ticked, there are numerous institutional failures happening both in developed and developing countries. There seems to appear a gap caused by the rejection of foreign ready-made solutions on one hand and deficit of domestically developed solutions on the other. This paper primarily addresses the complexities of postsocialist societies. When investigating the role of the local elites in transition, confusing conclusion is easy to reach. On one hand, there is intellectual capital of local scholars that should have been used for good, whereas on the other there are local elites with vested interests whose influence should at least have been diminished. In rare cases when the separation of those two groups appears to work despite the strength of networks, the gap between independent scholars and elites in power appears to be widening and as such often results in unintended outcomes. Additionally, there emerges a common notion on the academic experts having insufficient clue about the real world problems and the gap of mutual understanding is thus even bigger. Finally, the role and influence of international organisations is rather important in reform attempts and may reshape the whole set up. If the best model of cooperation is still to be found, instead of reconciling with this cleavage, the continuity of public debate and enhanced understanding of reform processes seems to be the adequate way forward. This paper uses institutional lenses in order to scrutinise the role of the key stakeholders in institutional import. Moreover, it seeks to demonstrate the main pitfalls of legal transplantation focused primarily on postsocialist societies.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA