Comparative (in)Equalities: CEDAW, the jurisdiction of gender, and the heterogeneity of transnational law production

Authors: 
Title: 
Comparative (in)Equalities: CEDAW, the jurisdiction of gender, and the heterogeneity of transnational law production
Journal Citation: 
10(2) INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW, 531-550 (2012)
The author examines state parties' responses to implementing the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and how this has affected conceptions of equality. She focuses on the United States as a case study, exploring its history with CEDAW and its reluctance to ratify it. More generally, she describes the objectives of CEDAW, and the significance of reservations to and withdrawals from the treaty. She observes that, although some states have sought to ban 'foreign law', other localities have implemented CEDAW directly into domestic law. The author argues that CEDAW allows for local variations in implementation tailored to country specific contexts. Finally, she explores the positive and negative effects of allowing reservations to CEDAW.