Two Dimensional Hard-Soft Law Theory and the Advancement of Women's and LGBTQ+ Rights Through Free Trade Agreements
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Issue Date
2019Author
Bhala, Raj
Cody, Wood
Publisher
Georgia Journal of International and Comparative Law
Type
Article
Article Version
Scholarly/refereed, publisher version
Version
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3376051
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Show full item recordAbstract
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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Citation
47 Ga. J. Int'l & Comp. L
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