Abstract

ARELLANO GAULT, David  and  ZAMUDIO GONZALEZ, Laura. Dilemas organizacionales e institucionales de las regulaciones para contener los conflictos de interés en una democracia: una aproximación comparativa entre Canadá, EUA y México. Convergencia [online]. 2009, vol.16, n.49, pp.145-173. ISSN 2448-5799.

This document discusses the limitations and characteristics of a policy for institutional and organizational analysis of the conflict of interest phenomenon, with emphasis on the case of Mexico. It seems that normative or moral agreements are not sufficient to tackle this problem. Conflicts of interest are also affected by values, so it is impossible to differentiate specifically "wrong" from "good" interests. It would be also hard to build perfect organizational instruments to "measure" when an agent actually intended to operate against the general interests. The questions that guide this article are: How to organizationally achieve the measurement of conflict of interest? What rules can be used? Which agency shall be in charge of supervising, with what sort of capacities and to whom it shall be accountable? We use these questions as guidelines in order to make a comparison among Canada, Mexico and the USA. This comparison is developed through the analysis of formal documents, rules, laws and regulations from the three countries.

Keywords : Conflict of Interest; corruption; organizational analysis; institutional analysis.

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