Women as Subjects, Objects and Agents of Change in International Economic Law

While international economic law (IEL) has traditionally focused on states as its primary subjects and objects, non-state actors, such as investors, traders, and local communities, have long shaped its evolution and operation. As subjects of IEL, states are the primary bearers of rights and obligations under this field of international law. States sign and ratify trade and investment agreements, have legal standing to bring claims, and are bound by international economic obligations. Simultaneously, IEL primarily regulates state behavior and state-to-state relationships. Yet, non-state actors do not just passively follow IEL; rather, they actively shape what treaties say, how they are interpreted, which disputes are brought, and what reforms happen. IEL has evolved in response to their needs, advocacy, and resistance. Despite the increased scholarly attention to non-state actors, scant attention, if any, has been paid to women’s contributions to IEL. What roles have women played in the development and implementation of the field? Far from being a purely theoretical question, this article demonstrates that women have historically played a significant role in the making, theorization, and implementation of IEL. The article identifies three such roles, each of which interacts with the others: women as legal subjects, women as objects, and women as agents of change. By adopting an interdisciplinary approach, the article aims to foster dialogue between international law and global governance scholarship through a gender-sensitive lens. While global governance research recognizes the multiplicity of actors—including feminist movements—engaged in norm creation, international economic law scholarship has been slow to integrate this pluralistic and gender-sensitive perspective.