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Abstract:
The purveyance of the rule of law in developing countries has frequently been associated with positive economic development. Better clarity, scope, transparency and enforcement of the laws will promote confidence and trust in the formal legal system, the argument suggests. At its core, this argument misses a fundamental yet widely recognized tangent to the rule of law - the role of informal legal institutions. The perception of legal systems perpetrated by the state - formal legal systems - is negative in many developing countries. Corruption, high costs and lengthy time periods for issue resolution limit the ability and willingness of many citizens, especially the poor, to access justice via the state. Accordingly, informal mechanisms are frequently relied upon to litigate property disputes, enforce contracts, regulate labor relationships, and address a variety of other legal issues. While some of these informal legal decisions are recognized and given effect by formal legal systems, the overall environment of two legal systems - formal and informal - begs the question, is the potential economic development effect of rule of law programs muted by the existence of a two-track legal system that leads many citizens to seek remedies outside of formal law‘ This briefing paper lays the groundwork for this discussion by presenting background on the existence of informal legal systems, an explanation of their benefits and discussion of their significant limitations, and an outline of the nature of the informal economy that is largely affected by informal legal mechanisms. The paper concludes by explaining the contribution that informal legal systems can make to economic development when they are linked to formal legal enforcement.

informal economy, law, legal institutions, economic development

Abstract:
This Article brings to the attention of those public servants involved in the design and negotiation of free trade agreements between the United States and developing countries, such as Colombia, the potential benefits and drawbacks of negotiating in a bilateral forum. Rather than critiquing the free trade agreement for its particular provisions, this Article examines the U.S. policy of negotiating bilaterally with developing countries as opposed to multilaterally in the world trade system and what effects such an approach might have on the economic development of the latter. Using an incremental policy analysis, the Article critiques the bilateral approach in terms of economic development and fair trade negotiations using the recent Colombia-U.S. trade agreement as a case study. The Article concludes that a bilateral approach that is disconnected from a broader multilateral context may be detrimental to developing countries and recommends increased oversight of such agreements by the World Trade Organization to ensure a higher degree of fairness.

informal economy, colombia, trade, development, latin america, bilateral, economic growth

Abstract:
The failure of the United States Congress to pass comprehensive immigration legislation at a time when the issue of immigration has reached a boiling point has created an overwhelming demand by citizens for local reform. States have responded by enacting hundreds of laws that regulate immigration at the state-level. This creates significant tension both between states with conflicting laws, which creates havens in some states and rampant enforcement in others, and between states and the federal government, which is ultimately responsible for regulating immigration law. This article examines the history of immigration legislation since the founding of the United States and looks at where the federal and state governments are today in meeting citizen demand for reform. It explores the relationship between state and federal enforcement of immigration law. And finally, it provides recommendations for effective reform and insights into why the current approach is likely to fail.

immigration, preemption, constitutional law, enforcement

Abstract:
This paper addresses the role of bilateral free trade agreements in U.S. trade policy and how their increased use has affected the multilateral trade system. It also considers the effects of bilateral trade deals on developing countries in terms of power bargaining and movement toward reciprocal agreements.

trade, free trade agreement, bilateral trade agreement, development, trade policy

Abstract:
This is a qualitative study of the working conditions and income of informal workers in Colombia, examined through the lens of legal change in the area of trade liberalization. I will begin by describing the informal economy in general, and its makeup in Colombia in particular, showing the importance of this portion of the economy in fostering economic growth and development. I will go on to describe the changes in Colombian laws that led to further trade liberalization and its opening to international commerce. Finally, I will describe the relationship between the opening of the Colombian economy to external trade and the size and income of the informal sector in Colombia.

informal economy, informal sector, trade liberalization, Colombia, free trade agreement

Abstract:
This paper approaches the growing debate over the reform of U.S. immigration law and proposes a new model to regulate the influx of migrant workers. After briefly tracing the history of U.S. immigration law, the paper explores the role that immigrant labor plays in international trade, specifically by exploring its effects on economic growth in national economies. It goes on to discuss the role of GATS mode 4 and the commitments made by Member States to liberalize their immigration laws to allow more foreign workers from developing countries to temporarily relocate to developed countries for work. The paper finally refreshes a largely overlooked economic notion of re-conceptualizing immigration as a trade issue and setting-up an immigrant tariff regime in place of existing immigration laws, seeing the latter as protectionist and violative of commitments under the GATT and WTO.

immigration, trade, gats, wto, labor

Abstract:
This paper addresses the effects of natural disaster on areas that are inhabited by citizens without formal property rights. This is an issue that must be addressed in the context of the tsunamis that devastated Southeast Asia in December 2004. When large portions of these communities are washed away and no formal titles exist to protect property rights, foreign investors are likely to face fewer barriers to entering local markets, leaving erstwhile informal property holders worse off economically and driving poverty levels to new heights. The paper suggests that governments in Southeast Asia should begin to implement a set of policies that will address these concerns and build a foundation for future economic growth based on formal property markets.

informal economy, tsunami, southeast asia, property rights, natural disaster

Abstract:
This Article begins with an exploration of the literature surrounding the U.S.-led war on terror. Part I examines justifications for the war by considering the claim that democratization yields economic development and then examines whether there is a link between forced democratization and a reduction in terrorism. Part II sets forth the research questions to be answered in the analysis of this literature and data. Part III briefly describes the methodology to be used in answering the research questions. Part IV analyzes at length the assertions that democracy is related to a reduction in terrorism and to economic growth. Finally, the Article concludes that the war on terror is leading to an increase in the number of terrorist attacks against foreign targets and that sustainable development practices would be more effective in curtailing terrorist proliferation.

development, terrorism, war, economic growth