My 'Country' Lies Over the Ocean: Seasteading and Polycentric Law
In: Studies in Emergent Order, Volume 5, p. 137-156
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In: Studies in Emergent Order, Volume 5, p. 137-156
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In: THE PURSUIT OF JUSTICE: LAW AND ECONOMICS OF LEGAL INSTITUTIONS, Edward J. Lopez, ed., Independent Institute, 2010
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In: Journal of institutional economics, Volume 18, Issue 5, p. 707-723
ISSN: 1744-1382
AbstractInstitutional economists have analyzed permissionless blockchains as a novel institutional building block for voluntary economic exchange and distributed governance, with their unique protocol features such as automated contract execution, high levels of network and process transparency, and uniquely distributed governance. But such institutional analysis needs to be complemented by polycentric analysis of how blockchains change. We characterize such change as resulting from internal sources and external sources. Internal sources include constitutional (protocol) design and collective-choice processes for updating protocols, which help coordinate network participants and users. External sources include competitive pressure from other cryptocurrency networks. By studying two leading networks, Bitcoin and Ethereum, we illustrate how conceptualizing blockchains as competing and constitutional polycentric enterprises clarifies their processes of change.
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Working paper
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In: Environmental politics, Volume 17, Issue 3, p. 431-448
ISSN: 1743-8934
In: Environmental politics, Volume 17, Issue 3, p. 431-448
ISSN: 0964-4016
Drawing on the perspective of classical liberalism, and developing a comparative institutions framework through which to evaluate alternative proposals for environmental improvement, the case is made for a system of polycentric environmental law. Within this context, contemporary theories that favour an extension of state regulation in order to address the trans-boundary nature of environmental goods are challenged. Problems arising from the complexity of social and ecological processes, the collective nature of environmental goods and the distributive consequences of environmental protection are unlikely to be met by a framework that emphasises greater unity in decisions. On the contrary, the principle of ecological rationality is more likely to be met within a classical liberal framework that facilitates market-like processes of competitive spontaneous order at multiple levels. (Environmental Politics / FUB)
World Affairs Online
In: Ulex: Open Source Law for Non-Territorial Governance, 1 J. SPECIAL JURISDICTIONS 1 (2020)
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The Canadian environmental assessment (EA) regime is broken. At a time when the Canadian economy is both increasingly sluggish and unsustainable, we have an obligation – and perhaps a once-in-a-generation opportunity – to fundamentally reform EA to enable it to finally live up to its promise of promoting sound and sustainability-based decisions. This task is even more pressing in light of the global commitment under the Paris Climate Change Agreement to rapidly transition to greenhouse gas emissions neutrality. Among the many priorities of meaningful EA reform – moving beyond project-level assessments, focusing on net positive contributions to sustainability, avoiding costly trade-offs among interdependent economic, ecological, and social objectives – we focus on the overarching need for polyjural collaboration and polycentric consensus-based decision-making. We argue that any serious effort to move from project-level EAs focused exclusively on adverse biophysical impacts towards a fully integrated, sustainability-based assessment (SA) regime requires a polyjural and polycentric approach capable of facilitating collaborative experimentation among multiple jurisdictional actors, including the federal government, provinces, territories, municipalities, Indigenous peoples, NGOs, academia, project proponents and industry groups, and the Canadian public. After examining the constitutional and political dimensions of the federal and provincial governments' role in EA, we provide two compelling rationales for transitioning to a SA regime. The paper concludes by setting out a series of possible forms of SA for the purpose of informing the federal government's review of its EA regime. In particular, we identify and analyze the competing options for jurisdictional cooperation, collaboration, and consensus-based assessment processes along with the constitutional and practical policy implications of each.co-authors: Jason MacLean, Chris Tollefson
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In: Review of Law and Economics, Forthcoming
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In: (2016) 30:1 Journal of Environmental Law and Practice 36
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In: International Organizations Law Review (Forthcoming)
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In: Resilience and Law, Craig R. Allen & Ahjond S. Garmestani, eds., Columbia University Press, 2013
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