Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004: Balancing the Western Hemisphere Travel Initiative with International Tourism and Homeland Security

Northwestern Journal of International Law & Business, Dec 2008

A disproportionately large percentage of worldwide international tourism revenue comes from the spending of U.S. citizens abroad or by foreigners visiting the United States. The Western Hemisphere Travel Initiative ("WHTI"), as mandated by Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, puts intra-North American international tourism at risk. This Comment is an analysis of the WHTI and its effects on international tourism and homeland security in the United States.

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Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004: Balancing the Western Hemisphere Travel Initiative with International Tourism and Homeland Security

InternationalTourism andHomeland Security Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004: Balancing the Western Hemisphere Travel Initiative with International Tourism and Homeland Security Marc Philip Hedrich 0 0 This Note is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Law & Business by an authorized administrator of Northwestern University School of Law Scholarly Commons Recommended Citation Marc Philip Hedrich, Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004: Balancing the Western Hemisphere Travel Initiative with International Tourism and Homeland Security, 28 Nw. J. Int'l L. & Bus. 341 (2007-2008) Part of the Comparative and Foreign Law Commons; Legislation Commons; and the Other Law - Terrorism Commons Reform and Terrorism Prevention Act of 2004: Balancing the Western Hemisphere Travel Initiative with International Tourism and Homeland Security Marc Philip Hedrich* I. INTRODUCTION slowing.4 Employing an estimated 76.7 million people worldwide and directly accounting for 3.6% of total gross world product, tourism is one of the largest and most important global economic forces.' In 2005 alone, it is estimated that more than 800 million international tourists 2 generated over $800 billion in tourism related revenue.3 At a projected annual growth rate of 4.2% over the next ten years, the tourism industry is showing no signs of Domestic security became one of the most important issues facing the United States ("U.S.") following the terrorist attacks of September 11, 2001 *J.D. 2008, Northwestern University School of Law, Arizona State University B.S. 2004. I want to thank my family and friends for their continuing love and support, without them this Comment would not have been possible. I am also grateful to Professor Maureen Stratton for all of her encouragement and insightful feedback throughout this writing process. Finally, I would like to show my appreciation for the hardworking editorial staff of the Northwestern Journal of International Law & Business. 1 WORLD TRAVEL & TOURISM COUNCIL, PROGRESS & PRIORITIES 2006/07 6 (2006) [hereinafter PROGRESS & PRIORITIES] (estimate figures as of 2006) . If the indirect effects of the tourism are taken into account, the total economic impact of the tourism industry rises to over 10% of total gross world product and accounts for more than 234 million jobs. Id. 2See infra notes 16-18 and accompanying text. 3 U.N., WORLD TOURISM ORG., TOURISM HIGHLIGHTS 2006 EDITION 2-5 (2006) (estimate ("9/11") and continues to be a topic of considerable political debate.5 Once commonly referred to as the "world's longest undefended border,",6 the U.S.-Canada border extends over 5,522 miles. To the south, the 1,954 mile U.S.-Mexico border is one of the world's most frequently crossed with almost 250 million legal crossing annually.9 Concerns over security at the international frontiers, most notably land borders but also airports and seaports, have featured prominently in the national political discourse of the United States and consequently its neighbors. The porous nature of these long and heavily trafficked borders continues to influence homeland security strategy. A disproportionately large percentage of worldwide international tourism revenue comes from the spending of U.S. citizens abroad or by foreigners visiting the United States. The Western Hemisphere Travel Initiative ("WHTI"), as mandated by Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004,10 puts intra-North American international tourism at risk. This Comment is an analysis of the WHTI and its effects on international tourism and homeland security in the United States. Part II of this Comment provides a framework for discussion by presenting definitions for tourism and security. It also examines the current state of intra-North American international tourism and its economic impact. Part III details the WHTI, its key provisions, and legislative history. Next, Part IV describes the international landscape for passport free travel zones. While focusing on the European Union ("EU") and its Schengen area, this section also discusses the Nordic Passport Union, Common Travel Area, and other developing passport free areas. It then evaluates the WHTI in comparison with developments made in these other global regions. Part V analyzes the costs and benefits of the WHTI. It explores the WHTI's economic and non-economic influences in the United States and 5 See Rick Klein, NationalSecurity Takes Center Stage, BOSTON GLOBE, Sept. 6, 2006, at A2. 6 See Luiza Ch. Savage, It Was Fun While It Lasted, MACLEAN'S, June 5, 2006, at 22 (noting the declining of appropriateness of this term); see also The Unfriendly Border; Canada andthe UnitedStates, ECONOMIST, Aug. 27, 2005. 7 Embassy of the U (...truncated)


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Marc Philip Hedrich. Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004: Balancing the Western Hemisphere Travel Initiative with International Tourism and Homeland Security, Northwestern Journal of International Law & Business, 2008, Volume 28, Issue 2,