By Jacques Nesi
In a context where Haiti faces unprecedented economic and legal challenges, marked by political instability, financial crises and aspirations for more inclusive governance, the academic initiative can be a powerful lever of transformation. With this in mind, the Faculty of Legal and Political Sciences (FSJP) of Quisqueya University (UniQ), in partnership with the Center for Research in Economic Law, launched on October 1, 2025 the Revue de Droit Economique, an online publication dedicated to exploring the intersections between law, economy and development. Hosted on the platform https://openeeconomiclaw.com/, this review marks a first for the Haitian academic landscape: an open, free and accessible showcase, aimed at disseminating sharp analyses on crucial issues for our country and developing nations.
The inaugural issue (No. 1, 2025) brings together nine articles written by Haitian and international experts, covering various fields such as commercial, banking, intellectual property, economic and fiscal regulation. This publication, of a thematic richness, invites the general public – entrepreneurs, public decision-makers, students and committed citizens – to appropriate legal tools to navigate a changing economic world. Through this review, Haiti Science and Society (HaSci-So) salutes this noble initiative and proposes a constructive critical analysis, aimed at consolidating the scientific reach of the journal. We will first examine the article-by-article contributions, inserting iconic quotations, before offering leads for its editorial evolution.
A mosaic of analysis: Decryption of the nine articles
The issue opens up to contemporary reflections, rooted in Haitian realities while opening up to comparative perspectives. Let's take them one by one, to capture the gasoline accessible to all.
The inaugural article, « Update on the progress of business law reform » Bernard Gousse (Article No. 1, Commercial and Business Law), lays the foundations for urgent modernization. Gousse, Emeritus Lawyer and former Minister of Justice, provides a comprehensive review of the post-2011 legislative progress, highlighting the continuing gaps in contracts and companies. « Business law reform in Haiti is not a luxury, but an imperative for attracting foreign investment and stimulating local entrepreneurship », he wrote in introduction (Gousse, 2025, p. 5).
The author proposes a revised framework, inspired by the OHADA (Organization for Harmonisation in Africa of Business Law) models, which could reduce business start-up times from 45 days to less than one week. This contribution is particularly relevant for young Haitian entrepreneurs, faced with a bureaucratic maze that hinders innovation.
Then come « Applicability of Haitian regulation of money transfers to foreign fintechs » by Paul Édouard Ternier (Article 2, Banking and Financial Law). Ternier, a specialist in inclusive finance, questions the adaptation of the Haitian legal framework – dominated by the 2001 law on money transfers – to digital giants such as PayPal or Wise. « Foreign fintechs, by their agility and low cost, represent an opportunity for Haitian diasporas, but their submission to archaic regulation risks excluding them from the local market » (Last, 2025, p. 18).
Through a comparative analysis with Kenya (where M-Pesa revolutionized payments), the author argues for an inclusive reform, integrating sandbox to test these innovations without risking financial stability. This text enlightens the general public on how financial technologies could mitigate the Haitian monetary crisis.
Johanny Stanley Joseph, prolific contributor, signs three articles focusing on intellectual property, a field often neglected in Haiti. In « What is the level of legal protection enjoyed by the designation of origin "COGNAC" in Haiti under the provisions of the Lisbon Treaty? » (Article No. 3, Intellectual property law), it sets out the vulnerability of geographical indications.
Protected as a secret of the article, this text reveals that Haiti, a signatory to the 1958 Treaty, offers protection limited to French cognac, exposing consumers to counterfeits. « The Lisbon Treaty requires automatic recognition of designations of origin, but the absence of enforcement mechanisms in Haiti turns this protection into a pious wish » (Joseph, 2025a, p. 32). Joseph calls for a national law on geographical indications, a salutary call to enhance our own products like Barbancourt rum.
Article 4, « VoWifi, loss of profits for operators or benefit for consumers? » by Ronald Augustin (Economic Regulation Law), addresses telecom innovation. The VoWifi (Voice over Wi-Fi) allows calls via Wi-Fi, bypassing saturated mobile networks. Augustin argues that, despite the reluctance of Haitian operators, this technology democratizes access. « In Haiti, where mobile coverage is uneven, VoWifi is not a gadget: it is a social equalizer, reducing costs for rural households by 30%. » (Augustine, 2025, p. 45). Its analysis, supported by data from ARCEP (Autorité de Regulation des Télécommunications), highlights the tensions between private profits and public good, a lively debate for any user of Natcom or Digicel.
Blair Chery, in « The Haitian banking system: from partitioning to dismantling » (Article No. 5, Banking and Financial Law), traces the evolution of the sector since the 1980s. From the monopoly of the BRH (Bank of the Republic of Haiti) to the opening to private banks, Chery diagnoses a « persistent partitioning » which limits financial inclusion. « Decommissioning is not an end in itself, but a way of channelling diaspora flows to the real economy, potentially injecting $2 billion annually » (Chery, 2025, p. 58). This key piece offers a roadmap for a more resilient bank, facing shocks such as the oil embargo of 2024.
Jean Nerva Samedy explores financial levers in « Capital structure and financing of commercial companies: analysis of internal and external resource mobilization tools » (Article 6, Commercial and Business Law). It dissects contributions in kind versus foreign capital, relying on the Haitian Commercial Code. « Internal tools, such as earmarked capital increases, must be complemented by green external financing, aligned with the UN's SDGs, for inclusive growth » (Samedy, 2025, p. 72). Ideal for Haitian SMEs looking for scaling, this article demystifies financing options.
Clement Philippe Senou brings an African perspective with « Tax transaction in Burkina Faso » (Article 7, Tax Law). Comparing the Haitian context, he examines how amicable transactions resolve tax disputes. « In Burkina, the tax transaction reduced litigation by 40 per cent, an adaptable model in Haiti to ease tensions between taxpayers and DGI » (Senou, 2025, p. 85). This contribution enriches the debate on a more humane taxation, far from punitive raids.
Joseph's last two articles complete the intellectual triptych. In « The issues of the intersection between artificial intelligence, ethics and intellectual property law » (Article 8, Intellectual Property Law), it warns about the risks of algorithmic appropriation. « Generative LA, like ChatGPT, erases the boundaries of originality: without a Haitian ethical framework, our cultural creators risk digital spoliation » (Joseph, 2025b, p. 92). Finally, « The potential of protecting Haitian rum as an appellation of origin » (Article 9) calls for international recognition. « Haitian rum, anchored in our sugar terroirs, could generate 500 million dollars of export so protected as Mexican tequila » (Joseph, 2025c, p. 105). These texts position Haiti as an innovative IP player.
Critical Analysis: Strengths and Opportunities for Improvement
This first issue shines with its thematic diversity and local anchor, with 80% of Haitian authors, favoring a voice of the South-global often inaudible. The articles are rigorous, informed by jurisprudence and empirical evidence, and their online accessibility democratizes legal knowledge. However, constructive criticism is needed: the lack of gender or environmental perspectives is notable – for example, how business reform integrates Women's empowerment? In addition, comparative analyses (Burkina, Kenya) could be expanded to include Caribbean cases, such as Jamaica, for greater regional relevance.
Scientifically, the journal gains in increasing its impact: articles sometimes lack visualisations (graphics on fintech flows) and interdisciplinarity (behavioural economy in IP). Overall, it is a solid base, but perfectable to compete with other journals.
Proposals for increased radiation
To consolidate this initiative, HaSci-So suggests that the editorial management – led by figures such as the Dean of the FSJP – formalize its vision. (i) Scope: The journal should target sustainable development issues in Haiti and the Caribbean, including AI, climate and digital inclusion, for a global audience. (ii) Objectives: Publish two annual thematic issues, promote North-South dialogue and train young lawyers through calls for contributions. (iii) Instructions to authors: Adopt a clear guide (1500-8000 words, APA, submission via OJS), with double anonymity and focus on societal impact. (iv) Rereaders: Build an initial list including national and international, for a peer-reviewrobuste.
Conclusion: Towards a right to service the population
The Revue de Droit Economique is not just a publication: it is a manifesto for a sovereign Haiti, where economic law becomes a tool of emancipation. Welcoming this launch, HaSci-So invites the public to consult and contribute. May this inaugural issue be the first step in a scientific odyssey, strengthening our collective resilience.
References
Augustin, R. (2025). VoWifi, loss of profits for operators or benefit for consumers? Review of Economic Law, 1(1), 41-50. https://openeeconomiclaw.com/article/4
Chery, B. (2025). The Haitian banking system: from partitioning to breaking up. Journal of Economic Law, 1(1), 51-60. https://openeeconomiclaw.com/article/5
Gousse, B. (2025). Update on the progress of the reform of business law. Review of Economic Law, 1(1), 1-15. https://openeeconomiclaw.com/article/1
Joseph, J. S. (2025a). What is the level of legal protection enjoyed by the designation of origin "COGNAC" in Haiti under the provisions of the Lisbon Treaty? Review of Economic Law, 1(1), 28-40. https://openeeconomiclaw.com/article/3
Joseph, J. S. (2025b). The issues of the intersection between artificial intelligence, ethics and intellectual property law. Review of Economic Law, 1(1), 88-95. https://openeeconomiclaw.com/article/8
Joseph, J. S. (2025c). The potential of protecting Haitian rum as an appellation of origin. Review of Economic Law, 1(1), 96-110. https://openeeconomiclaw.com/article/9
Samedy, J. N. (2025). Capital structure and financing of commercial companies: analysis of internal and external resource mobilization tools. Review of Economic Law, 1(1), 61-75. https://openeeconomiclaw.com/article/6
Senou, P.C. (2025). The tax transaction in Burkina Faso. Journal of Economic Law, 1(1), 76-87. https://openeeconomiclaw.com/article/7
Ternier, P.E. (2025). The applicability of the Haitian regulation of money transfers to foreign fintechs. Review of Economic Law, 1(1), 16-27. https://openeeconomiclaw.com/article/2
Review of Economic Law. (2025). No. 1 (2025): 1st year of the journal. Quisqueya University. https://openeeconomiclaw.com/
Jacques Nesi, PhD
France-Europe Pole, Haiti Science and Society (HaSci-So)
Team of Scientific Partners for Research Communication (E-PSi-CoRe)
jacquesnesi@yahoo.com
