Themes

Demand for regulation: market failures and decentralization failures

Typology 1: Types of strategic game and good generated

Game Theory and the Law (Douglas G. Baird, et al., eds., 1994)

Coordination games: Common rules of the road to align conduct for mutual benefit. Network effects. Choice among potential coordinating rules may have distributional effects.

Stephen D. Krasner, Global Communications and National Power: Life on the Pareto Frontier, 43 World Politics 336-366 (1991).

Cooperation Games: Public [or usually mixed] goods (non-excludable, non-rival). Incentives to free ride / how to counter free-riding? Distribution of costs and benefits involved in setting terms of cooperation.

Garrett Hardin, The Tragedy of the Commons, 162 Science 1243-1248 (1968).

Thomas Dietz, Elinor Olstrom & Paul C. Stern, The Struggle to Govern the Commons, 302 Science 1907-1912 (2003). Guiding question: what are other types of cooperation games in the global context?

Club goods: Membership-based, with internal distributional effects and positive and negative externalities). Need to police defection.

Richard B. Stewart, Michael Oppenheimer & Bryce Rudyk, Building Blocks for Global Climate Protection, 32 Stan. Env. L. J. 341-392 (2013).

 

Typology 2: Type of substantive issue being regulated: military, markets, morals.

 

Typology 3: Type of suppliers in the structure of governance: Inter-state treaties, inter-governmental networks, hybrid (public-private), private — what are the incentives of suppliers?

Benedict Kingsbury, Nico Krisch & Richard B. Stewart, The Emergence of Global Administrative Law, 68 L. & Contemp. Prob. 15-61 (2005). Reread only pp. 15-27.