scholarly journals Mechanisms for development of property rights institutions

2006 ◽  
Vol 53 (3) ◽  
pp. 283-298
Author(s):  
Jelena Zarkovic

The institution of property rights is increasingly recognized as an essential building block of an economically prosperous society. The question that remains unsolved, however, is how do we develop effective property rights institutions? The literature dealing with the development of property rights tends to be, in general, an optimistic one since there is a tendency to view the design of property rights institutions as maximizing decisions to economize on transaction costs and to facilitate new economic activities. On the other hand, since property rights define the distribution of wealth and political power in a society, changes in property rights structures are likely to be influenced by more than pure efficiency considerations. Therefore, in order to achieve a balanced analysis of the evolution of property rights institutions, the model of endogenous property rights creation should be modified. We did that by introducing the neoinstitutional theory of the state in the model.

2006 ◽  
Vol 51 (169) ◽  
pp. 89-109
Author(s):  
Jelena Zarkovic

The institution of property rights is increasingly being recognized as an essential building block of an economically prosperous society. The question that remains unanswered however, is how do we develop effective property rights institutions? The literature dealing with the development of property rights tends to be, in general, overly optimistic since there is a tendency to view the design of property rights institutions as optimizing decisions to economize on transaction costs and to facilitate new economic activities. On the other hand, since property rights define the distribution of wealth and political power in a society changes in property rights structures are likely to be influenced by more than pure efficiency considerations. Therefore, in order to achieve a balanced analysis of the evolution of property rights institutions our article introduces the state in the whole process. Following the propositions of the interest group theory of government we show an important relationship between rent seeking and state involvement in property rights creation. The state with a coercive power to establish and enforce property rights can also use that power, through the process of economic regulation, to redistribute property rights to politically influential interest groups. Herein lies the state failure in property rights creation.


1995 ◽  
Vol 34 (4II) ◽  
pp. 619-626 ◽  
Author(s):  
Paul Titus

Because of its potential to disrupt economic development, it is necessary to understand the dynamics of ethnic conflict in the contemporary world. A prevalent trend in the study of ethnicity is to focus on the creation and/or maintenance of ethnic identities and mobilisation on the basis of those identities as groups compete for resources, opportunities, or political power in the context of the nation-state [Barth (1969); Brass (1985); Comaroff (1987); Mumtaz (1990)]. In this approach, an ethnic group's distinguishing markers-language, custom, dress, etc.-are treated less as manifestations of tradition which define or create the group and more as arenas of negotiation and contestation in which people strive to realise their practical and symbolic interests. This happens as individuals or families, pursuing their livelihoods with the skills and resources available to them, find (or create) opportunities or obstacles which appear to be based on' ethnic criteria. The state can intensify this process as it uses positive or negative discrimination in order to achieve some desired distribution of wealth and opportunity. In turn, political leadership becomes a key in realising the experience of shared ethnic interests. Leadership develops as a kind of dual legitimation process, i.e., as individuals or organisations seek to be accepted as spokesmen both by members of the group itself and by outsiders.


1947 ◽  
Vol 9 (3) ◽  
pp. 331-349 ◽  
Author(s):  
Fritz Karl Mann

Throughout history, the control of public funds has been considered a cornerstone of political power. If it is true that all societies, from die dawn of civilizations to the present, have been divided into two classes, one that rules and the other that is ruled, it may be expected that the methods of raising and spending government money have been determined by one social group, generally a minority, to the complete or almost complete exclusion of the rest of the population. Such control would be intended to kill two birds with one stone, serving the direct purpose of administering the state and the indirect purpose of strengthening the privileged position of the governing group and thus prolonging their predominance. Yet studies in fiscal sociology are still in tlieir infancy. Because of their casual and hapo hazard character, they are not as yet a match for political sociology. Only during recent decades has a broader and more systematic approach been attempted.


2019 ◽  
Vol 5 (4) ◽  
pp. 203
Author(s):  
Robert Pustoviit ◽  
Oleg Kuklin ◽  
Mykhailo Kryvoruchko

Relevance. Kleptocratic economy, as an institutional system, is oriented towards a key function that involves gaining wealth by the ruling elite through the introduction of non-market transaction costs for companies and households, which is based on administrative, bureaucratic, and political violence. For this purpose, the kleptocratic states create such systems of state institutional management that give the authorities the possibility of rent-oriented behaviour, which impedes the functioning of the real sector of the economy and encourages the shadow one. Under such circumstances, transaction costs are redirected to administrative intervention into the market mechanism, rather than aimed at increasing its efficiency; property rights are not clearly specified; the level of uncertainty about rules and norms of economic behaviour increases, and the motivational system of business activity is distorted. As a result, on the one hand, inefficient allocation of resources and slow economic growth (decline) are observed, and on the other hand, there is the redistribution of income in favour of the ruling elite and its excessive enrichment, that is detrimental to the welfare of the majority of the population. The aim of the article is to analyse the political-economic formation of a kleptocratic basis, which in the future transforms the state and its economy into kleptocratic formations; defining ways of counteraction and institutional capacity for transformations in the direction of Ukraine’s aspirations for European integration. Methodological basis. The methodological basis of the research is the work of domestic and foreign scientists in the field of institutionalism and kleptocratic economy. The models of the development of a kleptocratic state and the influence of kleptocratic factors on the socio-economic processes in the country have been studied with the application of the method of analysis, systematization, and generalization. Results. It is determined that in order to liquidate the grounds of kleptocratic economy, it is of primary necessity to eliminate institutional obstacles that interfere with the unification of the legal and shadow sectors of the economy and ensure their institutional formalization. This requires the introduction of effective ways of restraining the ruling elite in order to restrict corruption abuses of the government and its close reigning coalition with special privileges and bureaucracies and form an institutional structure, in which firms and households have clearly defined property rights and also have the possibility to protect contractual rights provided by formal institutes. Particular attention should be paid to the ways of civil society’s monitoring the state information policy and methods of adopting laws, which is, the institutional foundation that guarantees the openness of information as to the actions of government institutions. According to the results of the study, definite measures are proposed, the implementation of which will ensure the opportunities for Europeanization, particularly in Ukraine. The emphasis is placed on the fact that the important factors of counteracting the kleptocratic economy are the wage reform and the “transparent” selection of employees in the public administration sector on the basis of their professional qualities only.


2014 ◽  
Vol 11 (2) ◽  
pp. 379-390 ◽  
Author(s):  
DOUGLAS W. ALLEN

Abstract:There exists a long line of challengers to the ‘Coase Theorem’. All of these rest on fundamental misconceptions of property rights, transaction costs, and their interaction. Here I examine two attacks that have gone unchallenged: one by Halpin, the other by Usher. I argue that both, in failing to either use or understand an adequate definition of transaction costs, fail to deliver a fatal blow to Coase's famous idea.


2019 ◽  
Vol 34 (2) ◽  
pp. 127-147
Author(s):  
Alexander William Salter ◽  
Justin Callais

What is self-governance, and under what sets of institutions is it possible? This article explores this question from the perspective of informal (de facto) constitutionalism. The dominant approach, grounded in formal constitutionalism, overlooks crucial institutional features that determine whether governance is something done by individuals to themselves, as opposed to something done by some individuals to others. Understanding self-governance requires not only identifying the durable procedures for public decision-making, but also appreciating how these procedures act as filters that select for the acquisition of political power by individuals with specific and predictable characteristics. The article develops a novel constitutional typology based on the structure of political property rights, on the one hand, and the kinds of individuals that govern, on the other, and use this typology to discover the types of polities most likely to be self-governing.


1972 ◽  
Vol 6 ◽  
pp. 170-188 ◽  
Author(s):  
Carl-Martin Edsman

The myth of the state is used for legitimating certain actions. For example, the ideologist of National Socialism, A. Rosenberg, used the term myth for the belief or conception of life which was to sustain the new state. The Third Reich's myth was the superiority and glory of the Aryan' race. In addition, Hitler compared the requisite official ideology or philosophy to a religion. It must be intolerant like a religion; it demanded total submission, organization and devotion to struggle. Even Hitler's comrade in arms, Mussolini, used similar language, although the substance was partially different. Thus in a speech at Naples in 1922, Mussolini said: "We have created our myth. The myth is a faith, it is passion. It is not necessary that it shall be a reality. It is a reality by the fact that it is a goad, a hope, a faith, that it is courage. Our myth is the nation, our myth is the greatness of the nation ! In the Third World, besides native traditions, there are ideas taken from the Christian or secularized West. The first type of appropriation may have taken place long ago or in our own time. Within Islam, an offshoot from Judaism and Christianity, the theocratic consciousness is highly evident. The holder of political power is the instrument of God and shall therefore be obeyed. The ruler, on the other hand, shall consult his subjects, and the believers shall do the same among themselves and assist each other in word and deed.


Author(s):  
Yoyon M Darusman ,

<p>Abstract<br />Intellectual Property Rights as a part of property rights which belongs to human. The word property means ideas, creations, imaginations and thought. One of the intellectual property rights involves the field of industry (industrial property rights), especially related to technology which is called Invention, Based on legal perspective, it called as Patent. Patent is the exclusive rights which is given by the state to the inventor as the results of its invention in the field of technology, is given for a periode of time done by himself or appointed to other parties to do it. Then “Invention” is Inventor idea which is applicated in one activity of problem solving which specific in the field of technology, as a product, process, or improvement and development product or process. Then the Patent as one of the other Intellectual Property Rights (IPR) has the importance position to the respective holder and getting protection on national and international law.<br /><em>Keywords: Position, Protection, Patent Holder</em></p><p>Abstrak<br />Hak Kekayaan Intelektual merupakan bagian dari pada hak kekayaan yang dimiliki oleh manusia. Kekayaan tersebut lahir karena adanya ide, kreasi, imajinasi dan pikiran. Salah satu kekayaan intelektual tersebut dapat dilihat dibidang industri. Khususnya yang berkaitan dengan teknologi yang dalam hal ini disebut dengan paten. Paten merupakan hak ekslusif yang diberikan oleh negara kepada Inventor atas hasil invensinya di bidang teknologi, yang untuk selama waktu tertentu melaksanakan sendiri invensinya tersebut atau memberikan persetujuannya kepada pihak lain untuk melaksanakannya. Selanjutnya invensi adalah ide inventor yang dituangkan ke dalam suatu kegiatan pemecahan permasalahan yang spesifik di bidang teknologi, dapat berupa produk atau proses, atau penyempurnaan dan pengembangan produk atau proses. Sebagai salah satu dari Hak Kekayaan Intelektual (HKI), paten memeliki kedudukan yang<br />sangat penting bagi pemiliknya serta mendapatkan perlindungan dalam kerangka nasional maupun internasional.<br /><em>Kata Kunci: Kedudukan, Perlindungan, Pemegang Hak Paten</em></p>


2016 ◽  
Vol 5 (1) ◽  
Author(s):  
Yoyon M Darusman

<p align="center"><strong><em>Abstract</em></strong></p><p><em>Intellectua</em><em>l Property Rights as a part of property rights which belongs to human. The word property means ideas, creations, imaginations and thought. One of the intellectual property  rights involves the field of industry (industrial property rights), especially related to technology which is called Invention, Based on legal perspective, it called as Patent. Patent is the exclusive rights which is given by the state to the inventor as the results of its invention in the field of technology, is given for a periode of time  done by   himself or appointed to other parties to do it. Then “Invention” is Inventor idea which is applicated in one activity of problem solving which specific in the  field of technology, as a product, process, or improvement and development product or process. Then the Patent as one of the other Intellectual Property Rights (IPR) has the importance position to the respective holder and getting protection on national and international law.</em></p><p><strong><em>Keywords: </em></strong><em>Position, Protection, Patent Holder</em></p><p align="center"><strong>Abstrak</strong></p><p>Hak Kekayaan Intelektual merupakan bagian dari pada hak kekayaan yang dimiliki oleh manusia. Kekayaan tersebut lahir karena adanya ide, kreasi, imajinasi dan pikiran. Salah satu kekayaan intelektual tersebut dapat dilihat dibidang industri. Khususnya yang berkaitan dengan teknologi yang dalam hal ini disebut dengan paten. Paten merupakan hak ekslusif yang diberikan oleh negara kepada Inventor atas hasil invensinya di bidang teknologi, yang untuk selama waktu tertentu melaksanakan sendiri invensinya tersebut atau memberikan persetujuannya kepada pihak lain untuk melaksanakannya. Selanjutnya invensi adalah ide inventor yang dituangkan ke dalam suatu kegiatan pemecahan permasalahan yang spesifik di bidang teknologi, dapat berupa produk atau proses, atau penyempurnaan dan pengembangan produk atau proses. Sebagai salah satu dari Hak Kekayaan Intelektual (HKI), paten memeliki kedudukan yang sangat penting bagi pemiliknya serta mendapatkan perlindungan dalam kerangka nasional maupun internasional.</p><strong>Kata Kunci: </strong>Kedudukan, Perlindungan, Pemegang Hak Paten


Notaire ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
Corina Ealen Meilan Danu ◽  
Ketut Ketut Briliawati Permanasari ◽  
Wilujeng Wilujeng Jauharnani ◽  
Ria Ria Yunita Sari

The state has the right to control the land, waters and natural resources contained therein to achieve the greatest benefit of the people. According to the provisions of Article 9 paragraph (1) and Article 26 paragraph (2) of the Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, property rights may only be owned by Indonesian citizens. Based on these conditions, expatriates cannot have a residence in Indonesia. On the other hand, Indonesia as a subject of international law has the responsibility in protecting the right of expatriates to dominate residence in Indonesia. In this study, the state responsibility for the provision of residence for foreigners and the regulations that provide space for expatriates in the mastery of residence in Indonesia will be discussed. In international law, there are principles of state responsibility. This principle mandates that the state guarantees protection of foreigners, including the place of residence for foreigners. The development of regulations in Indonesia provides a solution to the control of residence by expatriates. The legal solution offered is the control of residence with a tenancy agreement between expatriates and homeowners who are Indonesian citizens or by using the right of use. The right of use a residence given to the expatriates is in the form of a single house and apartment units that are limited by the price and area of land in accordance with the applicable regulations.


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