Promoting Women‘s and LGBTQ Rights Through Labor Provisions [2.3162]

Abstract

Art. 23.9 USMCA has attracted a great deal of attention among trade experts and LGBTQ scholars during the renegotiation of NAFTA. This article examines the provision’s genesis, with an emphasis on the US-negotiators’ last-minute changes and their impact on the scope and implementation of Art. 23.9. It finds a serious reduction of commitment in contrast to the initial draft. However, the article argues that even the footnote –allegedly excluding any new US domestic policy changes– still provides a new level of LGBTQ employment protection. Lastly, it emphasizes a possible expressive function of Art. 23.9 in light of the entire USMCA.