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Women at the Frontline of COVID-19: Can Gender Mainstreaming in Free Trade Agreements Help?
In: Journal of international economic law, Band 23, Heft 3, S. 563-582
ISSN: 1464-3758
ABSTRACT
Health pandemics affect women and men differently, and they can make the existing gender inequalities much worse. COVID-19 is one such pandemic, which can have substantial gendered implications both during and in the post-pandemic world. Its economic and social consequences could deepen the existing gender inequalities and roll back the limited gains made in respect of women empowerment in the past few decades. The impending global recession, multiple trade restrictions, economic lockdown, and social distancing measures can expose vulnerabilities in social, political, and economic systems, which, in turn, could have a profound impact on women's participation in trade and commerce. The article outlines five main reasons that explain why this health pandemic has put women employees, entrepreneurs, and consumers at the frontline of the struggle. It then explores how free trade agreements can contribute in repairing the harm in the post-pandemic world. In doing so, the author sheds light on various ways in which the existing trade agreements embrace gender equality considerations and how they can be better prepared to help minimize the pandemic-inflicted economic loss to women.
Not Just Sea Turtles, Let's Protect Women Too: Invoking Public Morality Exception or Negotiating a New Gender Exception in Trade Agreements?
In: European journal of international law
ISSN: 1464-3596
Abstract
The most common provisions we find in almost all multilateral, regional and bilateral trade agreements are the exception clauses that allow countries to protect public morals, humans, animals or plant health and life and conserve exhaustible natural resources. If countries can allow trade-restrictive measures that aim to protect these non-economic interests, is it possible to negotiate a specific exception to justify measures that are aimed at protecting women's economic interests as well? Is the removal of barriers that impede women's participation in trade any less important than the conservation of exhaustible natural resources such as sea turtles or dolphins? In that context, this article prepares a case for the inclusion of a specific exception that can allow countries to leverage women's economic empowerment through international trade agreements. This is done after carrying out an objective assessment of whether a respondent could seek protection under the existing public morality exception to justify a measure that is taken to protect women's economic interests.
Trumping Capacity Gap with Negotiation Strategies: the Mexican USMCA Negotiation Experience
In: Journal of international economic law, Band 23, Heft 1, S. 1-23
ISSN: 1464-3758
ABSTRACT
In the past few months, we have witnessed the 'worst deal' in the history of the USA become the 'best deal' in the history of the USA. The negotiation leading to the United States–Mexico–Canada Agreement (USMCA) appeared as an 'asymmetrical exchange' scenario that could have led to an unbalanced outcome for Mexico. However, Mexico stood firm on its positions and negotiated a modernized version of North American Free Trade Agreement. Mexico faced various challenges during this renegotiation, not only because it was required to negotiate with two developed countries but also due to the high level of ambition and demands raised by the new US administration. This paper provides an account of these impediments. More importantly, it analyzes the strategies that Mexico used to overcome the resource constraints it faced amidst the unpredictable political dilemma in the US and at home. In this manner, this paper seeks to provide a blueprint of strategies that other developing countries could employ to overcome their negotiation capacity constraints, especially when they are dealing with developed countries and in uncertain political environments.
Rethinking, repackaging, and rescuing world trade law in the post-pandemic era
In: Studies in international trade and investment law volume 25
World Affairs Online