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American and Canadian Environmental Federalism; A Game-Theoretic Analysis
Authors:John Martin Gillroy
Institution:John Martin Gillroy is John D. MacArthur Professor of Environmental Law and Policy in the Environmental Studies Program at Bucknell University, in Lewisburg, PA.
Abstract:To understand why environmental federalism is different in Canada and the United States, one might begin with the initial strategic realities that faced the Fathers of Canadian Confederation and the Framers of the Constitution of the United States. This essay examines federalism from a game-theoretic point of view, to integrate and expose the rational properties of the decision to federate and the logical entailments of that choice for environmental policy within two specific strategic contexts. Specifically, I suggest that American environmental federalism has arisen in response to the strategic reality of a Prisoner's Dilemma, while Canadian environmental federalism can be analyzed as an effort to regulate confrontations within a game of Chicken. In addition to the analysis of each federated structure, evidence from five case studies demonstrates the usefulness of games to the study of comparative federalism
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