Sequential vs Simultaneous Games
2.5 Finding the Right Instrument for Value Capturing
Theoretically, with respect to increased land values, direct capturing instruments have a more suitable rationale than other instruments for value capturing, as their application can be both legitimised by and based upon the observable/calculated added value that results from public infrastructure development. In practise, however, these instruments are not always as convincing as they may seem because of shortfalls and dilemmas that are due to insufficient—or even a complete lack of—societal and political acceptability. Consequently, despite their shortcomings, it might be more fruitful to increase the focus on developing innovations in indirect instruments that are based on negotiation processes.
In this context, we would argue that the discussion regarding who has the right to own the increment value that results from public infrastructure development must receive less attention. This is because although the landowner has the right to keep the increment value, he/she can still be expected to contribute the increment value to help develop a public infrastructure if this decision is deemed profitable for him/her. On the opposite side of the coin, if the public authority has the right to capture the increment value, it would be unfair and unacceptable if this action harms the landowner or will place his/her welfare at high risk. Given this consideration, the decision whether to take or to give an increment value that results from public infrastructure development should be based on how profitable that decision will be to both the landowner and the public authority (as a representative of the community) and this issue of probability is not necessarily should be related to financial term. Moreover, the agreed contribution of a landowner based on received or expected benefits would arguably be more acceptable than merely imposing an obligation on the landowner to contribute without considering the positive or negative effects of that particular contribution. This agreement can be reached through a deliberate negotiation process in order to strike a balance between the potential detriment and profitability of capturing a given amount of increment value
for both the landowner and the public authority. A basic question in such a negotiation strategy is how much of the increased value can be captured, and the extent that would be acceptable to both the landowner and the infrastructure provider. However, the most imperative question is not how to determine the exact amount of the increased value due to the infrastructure development (as mentioned above, many techniques already exist for this calculation), but rather what a fair share— or an agreeable distribution of the value increase—is. Given this consideration, the question of fairness becomes essential in the implementation of value capturing. However, the following question then arises: how does one determine fairness?
To incorporate fairness into a negotiation process is surely a challenge, as what counts as fair in different societies and under different circumstances can vary as widely as the discrepancies in human preferences and behaviours. However, some scholars have attempted to define the most common structures of fairness. One such attempt is provided by John Rawls in his celebrated work, A Theory of Justice (Rawls, 1971), in which Rawls introduced the concept of original position as a hypothetical standpoint from which people—in order to make a judgment or an agreement with their roles—are concealed from one another as if they stand behind a veil of ignorance. Rawls argued that using the device of the original position will lead to an egalitarian distribution of goods and services, which can then be considered a fair distribution. With respect to a negotiation process between two parties, this egalitarian approach may yield a mutually satisfactory outcome in which both party’s weighted gains are equal. In this approach, the focus of the negotiation process is to reach an equilibrium, which is an agreement point, when each party attempts to maximise their own outcome. The idea of using a negotiation process may also resonate with Coase’s proposal to overcome externality problems as discussed earlier in this chapter. In his proposal, Coase argued that the deliberate negotiation to internalise the externalities will automatically assign property rights in the proper way and will eventually lead to an efficient allocation of resources, provided there are no transaction costs involved. This argument later became famously known as the Coase Theorem. As a corollary of this theorem, it can be stated that in a situation in which transaction costs are not zero and property rights are poorly defined—as is often the case in the real world—resource allocation would not be efficient (Lai & Hung, 2008). Consequently, in order to achieve the optimum efficiency with respect to resource allocation through a negotiation process designed to yield a proper assignment of property rights, it is important to introduce rules that can reduce transaction costs as much as possible. With respect to value capturing, these rules can serve as instruments to allow stakeholders to negotiate for a distribution of the increment values with the lowest transaction costs. We might further expect that the result of this negotiation can be naturally justified and that any contract that is built upon the outcome would not completely harm any of the stakeholders.
There can be no doubt that reducing transaction costs and properly assigning property rights are important goals. However, these two factors are not the only aspects that shape human interactions and behaviours. Therefore, understanding the other forces that can influence the results of a negotiation is equally important. In many cases, these forces can be related to—or influenced by—the way in which the actors exercise their power and their access to information. Given a particular power structure of actors and the level of information availability, a regulation or institution may not be enforced or bound in a natural way. Moreover, the existence of a regulation is not necessarily a substitute for the uncontrolled exercise of power. Building on David Hume’s
35 Chapter 2 – Public Infrastructure Financing and Value
metaphor, a social contract or regulation should naturally be sufficiently firm, like stones in a masonry arc that stay together without the need for cement or glue. In other words, creating such a regulation to manage the transaction costs and property rights can only be meaningful if that regulation is naturally stable and unbreakable. This notion implies that there is little or no benefit in violating the rule, given the structure of the stakeholders’ interaction in a specific situation. This idea corresponds to the concept of equilibrium in game theory, which can be viewed as the natural steady‐state condition given by the interaction structure of interdependent actors based on the available specific strategies and payoffs (Von Neumann & Morgenstern, 1944). An equilibrium in game theory—in fact, following from John Rawls’ aforementioned Theory of Justice—has been introduced essentially to help predict or highlight the outcome of conflicting situations (for example, a negotiation) in the original position (Binmore, 2005).
Game theory provides the possibility to determine whether a situation has a single optimum equilibrium, a sub‐optimal equilibrium, multiple equilibria, or no equilibrium. These options give the idea that an interaction can lead naturally to an optimum agreement, a sub‐optimum agreement, many agreements, or no agreement whatsoever. In the Appendix A, five classic game‐theoretical models to explain these situations are described. Among those five classic game‐theoretical models, outcome of single optimum equilibrium is yielded only in the Simple 2‐person game with dominant strategy. Therefore, when the interaction structure of stakeholders can be formulated using any of the other four game models, no single optimum outcome can be expected.
Related to this study, it means that the introduction of new legislation regarding value capturing might not be necessary, particularly when the stakeholders’ strategy of agreeing to contribute to value capturing rests on the equilibrium that yields the optimum outcome for the situation. In this particular situation, value capturing would then be naturally possible and acceptable to the stakeholders. On the other hand, if no such optimum equilibrium exists for an agreement, if many equilibria are offered, or if no equilibrium at all can be naturally expected from the situation, any proposed statutory public intervention should then be able to construct an interactional structure in order to shift the equilibrium towards the optimum agreement that would enable value capturing. This shifting means to promote a better payoff structure for all stakeholders to make value capturing more feasible.