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Brooklyn Journal of International Law

First Page

449

Abstract

Trade is neither gender-neutral in its design nor in its outcomes. This Article offers a bird's-eye view of the law and policy of gender provisions in multilateral and regional trade governance, examines the conceptual boundaries of incorporating gender into trade policy, and evaluates legal and policy approaches that can make trade more responsive to the asymmetries that disproportionately affect women. Using Canada as a case study, the Article examines one of the most comprehensive national frameworks for mainstreaming gender in trade, including the Gender-Based Analysis Plus (GBA Plus) methodology and the inclusion of dedicated gender and trade chapters in several of Canada's bilateral agreements. The Article maps the typology of gender provisions in free trade agreements — from preambular mentions and dedicated chapters to exceptions, carve-outs, procurement provisions, and dispute settlement mechanisms — and assesses their legal weight and enforceability. The Article then turns to the multilateral level, exploring the policy space that exists within the WTO framework, the potential for a progressive, gender-positive interpretation of existing GATT provisions, and the role of the Global Trade and Gender Arrangement (GTAGA) as a plurilateral complement to bilateral efforts. It further examines whether sustainable development language in FTAs — and Sustainable Development Goal 5 in particular — can serve as an interpretive anchor for gender-responsive readings of trade obligations, drawing on WTO Appellate Body case law to outline the parameters of such an approach. The Article concludes that, while current commitments remain largely aspirational, the ratchet effect of routine inclusion is already in motion. The normative space for a more gender-forward architecture exists; what remains is the political will to populate it with obligations that move beyond aspiration and into accountability. The national domain, supported by robust data collection and multilateral coordination, remains the most immediate front for meaningful progress.

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