Documents/ILD/1: Institutional Change

1: Institutional Change

Help developing countries make fundamental institutional changes regarding their property and business environments, encouraging people to enter the legal system and offering them as an incentive those essential legal tools that will not only improve their lives and businesses, but also help them transform their society

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The ILD’s remedy is to help developing countries make fundamental institutional changes regarding their property and business environments, encouraging people to enter the legal system and offering them as an incentive those essential legal tools that will not only improve their lives and businesses, but also help them transform their society: fungible property rights, forms to organize their businesses and mechanisms to access expanded markets, nationally and internationally. Clearly, this is no easy task; nor can it be done from behind a desk. Fundamental institutional reform requires the kind of unique experience the ILD has accumulated over decades and that has given us a new and powerful way of examining a developing economy –to see what works and what doesn’t, what practices have to be scrapped and what can be built upon. Extralegality does not stroll up to a stranger in a shantytown of the Third World with a smile and a handshake. Our researchers go into the field, digging into a client countries’ legal and extralegal economies to findout what works and what doesn’t –from the point of view of the ordinary property owner and entrepreneur excluded from the system. MERGE... ...TWO PARALLEL ECONOMIES They have to find the right agents willing to talk or to make introductions to people who will be helpful; researchers have to be experienced detecting not just extralegal property, buildings or businesses but also the invisible practices and social contracts that allow the denizens of this parallel economy to build and protect those assets. The ILD’s fieldwork thus requires a practiced eye to identify extralegal economic activity where others will see only chaos and illegality –much like the experienced paleontologist who can detect the fossil remains of a dinosaur where the rest of us see just another pile of rocks. Only with such information in hand are we in a position to create institutional reforms that will merge these two parallel economies into one enhanced legal framework for a modern economy –an inclusive public memory system that will welcome all citizens who want a stake in it, including the poorest. And because this new legal framework will involve norms and practices familiar to the extralegal ones, they are more likely to give the new system a try. This bottom-up approach to reform, based on extralegal institutions, is what separates the ILD from the hundreds of service, equipment, and “consulting” companies trying to help countries improve their business environments. Their common denominator is a tendency to seek documentation for property or businesses that are already part of the formal economy.

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