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31 Immigr. & Nat'lity L. Rev. 649 (2010)
People are Not Bananas: How Immigration Differs from Trade

handle is hein.journals/inlr31 and id is 661 raw text is: PEOPLE ARE NOT BANANAS: HOW IMMIGRATION DIFFERS FROM TRADE Jennifer Gordon* INTRODUCTION.................................................... 1109 I. TRADE, IMMIGRATION, AND WEALTH MAXIMIZATION .......... ........... 1111 II. COMPARING THE GLOBAL FRAMEWORKS FOR TRADE, INVESTMENT, AND IMMIGRATION ............................................... 1116 A. The International Regulation of Trade and Investment............................. 1117 B. The International Regulation ofLabor Migration ........ ..... ...... 1121 III. SHARPENING THE CONTRAST: THE DIFFERENCE BETWEEN BILATERAL AGREEMENTS ON TRADE AND INVESTMENT VS. IMMIGRATION...................... ..1128 IV. WHY DOES IMMIGRATION LAG BEHIND TRADE AND INVESTMENT IN GLOBAL COORDINATION? ........................... ............. 1130 A. People Have Different Impacts than Goods and Capital ......................... 1132 B, The Overall Economic Gains from Labor Migration Are Distributed Differently than the Gains fom Trade....... ............. 1133 C, Trade is Reciprocal, While Immigration Is Not .................................... 1137 D. Wealthier Nations Have Unilateral Alternatives to Negotiating with Origin Nations over Labor Migration .............. 1137 V. IF IMMIGRATION Is So DIFFERENT, WHY IS THE NUMBER OF BILATERAL LABOR MIGRATION AGREEMENTS GROWING? ................................................... 1139 C ON CLUSIO N ......................................................................................................... 1142 INTRODUCTION Classical economists have long argued that trade and labor migration are functionally the same.' When goods move freely across borders, they contend, each country can export what it produces more cheaply than other countries and import what other nations produce at a lower price. As a re- sult, all participating countries realize economic gains. Likewise, the argu- . Professor of Law, Fordham University School of Law. The author thanks Adam Cox, Robin Len- hardt, Julian Mortenson, Alvaro Santos, Richard Squire, and Chantal Thomas for very helpful comments on earlier drafts of this Essay, and extends deep appreciation to Jessica Jenkins, Nicholas Rosado, Brit- tany Scott, and Andrew Wachtenheim for their invaluable research assistance. See infra notes 4-6 and accompanying text. 649 Originally published in 104 -Northwestern University Law Revie4 1109 (2010). Used by permission.