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Two Dimensional Hard-Soft Law Theory and the Advancement of Women's and LGBTQ+ Rights Through Free Trade Agreements
Bhala, Raj Cody, Wood
Bhala, Raj
Cody, Wood
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Abstract
What should free trade agreements (FTAs) say about gender, sexual orientation, and gender identity? No longer is “nothing” the only answer. The Comprehensive and Progressive Agreement for a Trans Pacific Partnership (CPTPP) and the United States-Mexico-Canada Agreement (USMCA) now discuss the rights of women and Lesbian, Gay, Bisexual, Transgender, Questioning, and Other (LGBTQ+) persons. They do so in Articles 23.4 and 23.9, respectively. But, these provisions are soft law.
These Articles ought to be strengthened to advance women’s and LGBTQ+ rights. That is, we argue gender, sexual orientation, and gender identity should be effectively addressed through hard law legal structures using hard law language that incorporates empirical insights.
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Date
2019
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Publisher
Georgia Journal of International and Comparative Law
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Keywords
Free trade agreements, FTA, Gender, Sexual orientation, Comprehensive and Progressive Agreement for a Trans Pacific Partnership, CPTPP, United States-Mexico-Canada Agreement, USMCA, Women, LGBTQ
Citation
47 Ga. J. Int'l & Comp. L