A critical legal analysis of gender equality in international trade agreements

Parul Shukla, Sheikh Sultan Aadil Huque

Resumo


Trade can greatly improve women’s lives by creating new job opportunities, increasing consumer choice, and increasing women’s market position in society. If not properly monitored and regulated , it can also lead to unemployment and concentrate the work in low-skilled jobs. Given the complexity and particularity of the relationship between trade and gender, it is important to assess the potential impact of trade policies on men and women and develop appropriate evidence-based strategies to ensure that trade provides power for all. Data are limited and there is a lack of understanding of the relationship between women’s economic roles as workers, consumers, and decision makers and the importance of gender equality in international trade.Hence, in order to understand the importance of gender equality in international trade , as well as to ascertain the role of WTO in ensuring the same and what are the challenges in having a gender inclusive rather a women rights supportive scenario in International trade. Further, this research paper will also analyse the various regional treaty agreements, free trade agreements & Bilateral Investment Treaties and how they have addressed the issue of gender equality or women related provisions while negotiating and drafting the agreements. This paper will also attempt to study how important international conventions like CEDAW & Sustainable Development Goals have also acknowledged the necessity of women economic empowerment in trade affairs.

Palavras-chave


Gender & Trade, WTO, Regional Treaty Agreements,FTA, BITs, CEDAW, SDGS, Women Rights

Texto completo:

PDF (English)

Referências


Acharya, Rohini, Olga Falgueras Alamo, Salma Mohamed Thabit Al-Battashi, Anoush der Boghossian, Naghm Ghei, Tania Parcero Herrera, Lee Ann Jackson et al. "Trade and Women—Opportunities for Women in the Framework of the World Trade Organization." Journal of International Economic Law 22, no. 3 (2019): 323-354.

Amaral, Renata Vargas, and Lillyana Sophia Daza Jaller. "The role of regulation and MNEs in ensuring equal opportunities for women." Transnational Corporations Journal 27, no. 3 (2020).

Appellate Body Report, United States–Import Prohibition of Certain Shrimps and Shrimp Products , WTO Doc. WT/DS58/23 (Nov. 26, 2001).

Brush, Candida G., Anne de Bruin, and Friederike Welter. "Advancing theory development in venture creation: signposts for understanding gender." In Women’s Entrepreneurship in the 21st Century. Edward Elgar Publishing, 2014

Braunstein, Elissa. "Gender-inclusive industrialization for growth and development in the context of globalization." Gender equality and inclusive growth: Economic policies to achieve sustainable development (2019).

Buvinić, Mayra, and Rebecca Furst-Nichols. "Promoting women's economic empowerment: what works?." The World Bank Research Observer 31, no. 1 (2016): 59-101.

CEDAW Committee’s Concluding Comments include: Re Cameroon, 23d session (2000)

Committee on Economic, Social and Cultural Rights, General Recommendation 28

Cernic, Jernej Letnar. "Corporate responsibility for human rights: A critical analysis of the OECD guidelines for multinational enterprises." Hanse L. Rev. 4 (2008): 71.

Covarrubia, Patricia. "The EU and Colombia/Peru free trade agreement on GIs: adjusting Colombian and Peruvian national laws?." Journal of Intellectual Property Law & Practice 6, no. 5 (2011): 330-338.

Chemali, Elie-Charbel A. "The future of the international trade system." PhD diss., Notre Dame University-Louaize, 2019.

Duggal, Kabir AN, and Laurens H. van de Ven. "The 2019 Netherlands Model BIT: riding the new investment treaty waves." (2019): 347-374.

Hannah-Moffat, Kelly. "Gridlock or mutability: Reconsidering gender and risk assessment." Criminology & Pub. Pol'y 8 (2019): 209.

Hannah, Erin, James Scott, and Rorden Wilkinson. "The WTO in Buenos Aires: The outcome and its significance for the future of the multilateral trading system." The world economy 41, no. 10 (2018): 2578-2598.

Hassan, Hend. "The relationship between gender equality, women empowerment and sustainable development." New Trends in Sustainable Business and Consumption (2020): 41

Henson, Spencer. "Gender and Sanitary and Phytosanitary Measures in the Context of Trade: a Review of Issues and Policy Recommendations." (2018).

Hill, Catherine. "Enabling rural women’s economic empowerment: Institutions, opportunities and participation." In Background paper: UN women expert group meeting Accra, Ghana, pp. 20-23. 2011.

Hoekman, Bernard M., and Petros C. Mavroidis. World Trade Organization (WTO): law, economics, and politics. Routledge, 2015.

Kuhlmann, Katrin, and Akinyi Lisa Agutu. "The African Continental Free Trade Area: Toward a new legal model for trade and development." Geo. J. Int'l L. 51 (2019): 753.

Luke, David, and Jamie MacLeod, eds. Inclusive Trade in Africa: The African Continental Free Trade Area in Comparative Perspective. Routledge, 2019.

Lockwood Jr, Bert B. "The United Nations Charter and United States Civil Rights Litigation: 1946-1955." Iowa L. Rev. 69 (1983): 901.

Malhotra, Nisha, and Andrey Stoyanov. Analyzing the Agricultural Trade Impacts of the Canada-Chile Free Trade Agreement. No. 1619-2016-134692. 2008.

Monteiro, José-Antonio. Gender-related provisions in regional trade agreements. No. ERSD-2018-15. WTO Staff Working Paper, 2018.

Monteiro, José-Antonio. The evolution of gender-related provisions in regional trade agreements. No. ERSD-2021-8. WTO Staff Working Paper, 2021.

Odera, Josephine A., and Judy Mulusa. "SDGs, Gender Equality and Women’s Empowerment: What Prospects for Delivery?." Sustainable development goals and human rights: springer (2020): 95-118.

Shoma, Chowdhury Dilruba. "Gender is a human rights issue: The case of women’s entrepreneurship development in the Small and Medium Enterprise sector of Bangladesh." Journal of International Women's Studies 20, no. 7 (2019): 13-34.

Rubínová, Stela, and Mehdi Sebti. The WTO Global Trade Costs Index and its determinants. No. ERSD-2021-6. WTO Staff Working Paper, 2021.

Raday, Frances. "Gender and democratic citizenship: The impact of CEDAW." International journal of constitutional law 10, no. 2 (2012): 512-530.

Rivoli, Pietra. The travels of a t-shirt in the global economy: An economist examines the markets, power, and politics of world trade. New preface and epilogue with updates on economic issues and main characters. John Wiley & Sons, 2014.

Sengupta, R. (2013). “The gender dynamics of trade and investment and the post-2015 development agenda: A developing-country perspective”. Third World Network.

Simonetta Zarrilli, “International trade is at risk of leaving Women behind” , Accessed on 10th May 2021,http://unctad.org/en/pages/newsdetails.aspx?OriginalVersionID=1741&Sitemap_x0020_Taxonomy=Trade,%20Gender%20and%20Development;#2139;#UNCTAD%20Blogs visited last on 12/07/2018.

True, Jacqui. "Trading-off gender equality for global Europe? The European Union and free trade agreements." European Foreign Affairs Review 14, no. 5 (2009).

Verbeek, Bart-Jaap, and Roeline Knottnerus. "The 2018 Draft Dutch Model BIT: A Critical Assessment." Investment Treaty News 16, no. 2 (2018).

Women and Trade: The Role of Trade in Promoting Women’s Equality, World Bank Report 2020

World Health Organization. Preventing gender-biased sex selection: an interagency statement-OHCHR, UNFPA, UNICEF, UN Women and WHO. World Health Organization, 2011.

World Bank Policy Research Report, Engendering Development: Through Gender Equality in Rights, Resources and Voice (January 2001)

World Bank. World development report 2012: Gender equality and development. The World Bank, 2011.

World Bank, and World Bank. "Women and Trade: The Role of Trade in Promoting Gender Equality." (2020).

Wolfe, Robert. "Reforming WTO Conflict Management: Why and How to Improve the Use of ‘Specific Trade Concerns’." Journal of International Economic Law 23, no. 4 (2020): 817-839.

Yarwood, Lisa. "Trade Law as a Form of Human Rights Protection." NUJS L. Rev. 3 (2010): 13.

Zolin, Roxanne, Michael Stuetzer, and John Watson. "Challenging the female underperformance hypothesis." International Journal of Gender and Entrepreneurship (2013).




DOI: https://doi.org/10.5102/rdi.v18i3.7798

ISSN 2236-997X (impresso) - ISSN 2237-1036 (on-line)

Desenvolvido por:

Logomarca da Lepidus Tecnologia