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Cambridge University Press978-0-521-76311-0 - Gender, Law and Justice in a Global MarketAnn StewartFrontmatterMore information

Gender, Law and Justice in a Global Market

Theories of gender justice in the twenty-first century must engage with globaleconomic and social processes. Using concepts from economic analysis asso-ciated with global commodity chains and feminist ethics of care, Ann Stewartconsiders the way in which ‘gender contracts’ relating to work and care con-tribute to gender inequalities worldwide. She explores how economies in theGlobal North stimulate desires and create deficits in care and belonging, whichare met through transnational movements, and traces the way in which trans-national economic processes and discourses of rights and care create relation-ships between Global South and North. She focuses on African women whoproduce fruit and flowers for European consumption; body workers whomigrate to meet deficits in ‘affect’ through provision of care and sex; andBritish-Asian families who seek belonging through transnational marriages.

Ann Stewart is a reader in Law and Associate Professor in the School of Law, atthe University of Warwick, where she specialises in the area of gender and thelaw, particularly in the context of international development.

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The Law in Context Series

Editors: William Twining (University College London)Christopher McCrudden (Lincoln College, Oxford)Bronwen Morgan (University of Bristol)

Since 1970 the Law in Context series has been in the forefront of the movement tobroaden the study of law. It has been a vehicle for the publication of innovative scholarlybooks that treat law and legal phenomena critically in their social, political and economiccontexts from a variety of perspectives. The series particularly aims to publish scholarlylegal writing that brings fresh perspectives to bear on new and existing areas of lawtaught in universities. A contextual approach involves treating legal subjects broadly,using materials from other social sciences, and from any other discipline that helps toexplain the operation in practice of the subject under discussion. It is hoped that thisorientation is at once more stimulating and more realistic than the bare exposition oflegal rules. The series includes original books that have a different emphasis fromtraditional legal textbooks, while maintaining the same high standards of scholarship.They are written primarily for undergraduate and graduate students of law and of otherdisciplines, but most also appeal to a wider readership. In the past, most books in theseries have focused on English law, but recent publications include books on Europeanlaw, globalisation, transnational legal processes, and comparative law.

Books in the seriesAnderson, Schum & Twining: Analysis of EvidenceAshworth: Sentencing and Criminal JusticeBarton & Douglas: Law and ParenthoodBeecher-Monas: Evaluating Scientific Evidence: An Interdisciplinary Framework for

Intellectual Due ProcessBell: French Legal CulturesBercusson: European Labour LawBirkinshaw: European Public LawBirkinshaw: Freedom of Information: The Law, the Practice and the IdealCane: Atiyah’s Accidents, Compensation and the LawClarke & Kohler: Property Law: Commentary and MaterialsCollins: The Law of ContractCranston: Legal Foundations of the Welfare StateDauvergne: Making People Illegal: What Globalisation Means for Immigration and LawDavies: Perspectives on Labour LawDembour: Who Believes in Human Rights?: The European Convention in Questionde Sousa Santos: Toward a New Legal Common SenseDiduck: Law’s FamiliesFortin: Children’s Rights and the Developing LawGlover-Thomas: Reconstructing Mental Health Law and Policy






Goldman: Globalisation and the Western Legal Tradition: Recurring Patterns of Law andAuthority

Gobert & Punch: Rethinking Corporate CrimeHarlow & Rawlings: Law and AdministrationHarris: An Introduction to LawHarris, Campbell & Halson: Remedies in Contract and TortHarvey: Seeking Asylum in the UK: Problems and ProspectsHervey & McHale: Health Law and the European UnionHolder and Lee: Environmental Protection, Law and PolicyKostakopoulou: The Future Governance of CitizenshipLewis: Choice and the Legal Order: Rising above PoliticsLikosky: Transnational Legal ProcessesLikosky: Law, Infrastructure and Human RightsMaughan & Webb: Lawyering Skills and the Legal ProcessMcGlynn: Families and the European Union: Law, Politics and PluralismMoffat: Trusts Law: Text and MaterialsMonti: EC Competition LawMorgan & Yeung: An Introduction to Law and Regulation: Text and MaterialsNorrie: Crime, Reason and HistoryO’Dair: Legal EthicsOliver: Common Values and the Public–Private DivideOliver & Drewry: The Law and ParliamentPicciotto: International Business TaxationReed: Internet Law: Text and MaterialsRichardson: Law, Process and CustodyRoberts & Palmer: Dispute Processes: ADR and the Primary Forms of Decision-MakingRowbottom: Democracy Distorted: Wealth, Influence and Democratic PoliticsScott & Black: Cranston’s Consumers and the LawSeneviratne: Ombudsmen: Public Services and Administrative JusticeStapleton: Product LiabilityStewart: Gender, Law and Justice in a Global MarketTamanaha: Law as a Means to an End: Threat to the Rule of LawTurpin and Tomkins: British Government and the Constitution: Text and MaterialsTwining: Globalisation and Legal TheoryTwining: Rethinking EvidenceTwining: General Jurisprudence: Understanding Law from a Global PerspectiveTwining:Human Rights, Southern Voices: Francis Deng, Abdullahi An-Na’im, Yash Ghaiand Upendra Baxi

Twining & Miers: How to Do Things with RulesWard: A Critical Introduction to European LawWard: Law, Text, TerrorWard: Shakespeare and Legal ImaginationWells and Quick: Lacey, Wells and Quick: Reconstructing Criminal LawZander: Cases and Materials on the English Legal SystemZander: The Law-Making Process






Gender, Law and Justicein a Global Market

ANN STEWART






cambridge univers ity press

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Published in the United States of America by Cambridge University Press,New York

www.cambridge.orgInformation on this title: www.cambridge.org/9780521763110

© Ann Stewart 2011

This publication is in copyright. Subject to statutory exceptionand to the provisions of relevant collective licensing agreements,no reproduction of any part may take place without the writtenpermission of Cambridge University Press.

First published 2011

Printed in the United Kingdom at the University Press, Cambridge

A catalogue record for this publication is available from the British Library

ISBN 978-0-521-76311-0 HardbackISBN 978-0-521-74653-3 Paperback

Cambridge University Press has no responsibility for the persistence oraccuracy of URLs for external or third-party internet websites referred toin this publication, and does not guarantee that any content on suchwebsites is, or will remain, accurate or appropriate.






This book is dedicated to the memory of Sybil and NormanStewart and to the future of Arthur, Sidney and Sofia.






Contents

List of figures page xAcknowledgements xiList of abbreviations xiii

Introduction Living in a Global North consumer society:a contextual vignette 1

1 Constructing relationships in a global economy 10

2 Globalising feminist legal theory 39

3 State, market and family in a Global North consumer society 66

4 Gender justice in Africa: politics of culture or culture of economics? 100

5 From anonymity to attribution: producing food in a globalvalue chain 129

6 Constructing body work 162

7 Global body work markets 193

8 Constructing South Asian womanhood through law 227

9 Trading and contesting belonging in multicultural Britain 262

Conclusion 296

List of references 318Index 349






Figures

Figure 1 The framework page 5Figure 2 The gender production-focused pyramid 14Figure 3 A care-focused pyramid 25Figure 4 Gendered employment 136Figure 5 Gender-just global relations 316






Acknowledgements

Caring in all its forms engulfed the time and energy necessary to write this book.At the same time its gestation has involved huge amounts of caring by manypeople in many locations stretching from Sheffield to Delhi and places inbetween. I hope everyone knows how enriched I feel by their care. HoweverI would like to thank in particular William Twining for his support and will-ingness to stick with this project; Geeta Oberoi for her determination andresearch assistance; George and William Stewart for being there; and GeoffreyGreen for never giving up on me.






Abbreviations

ABA American Bar AssociationACP African, Caribbean and Pacific countriesADB Asian Development BankAIDS acquired immunodeficiency syndromeAOA Agreement on AgricultureAPWLD Asia Pacific Forum on Women, Law and DevelopmentASBO Anti-social behaviour orderASEAN Association of Southeast Asian NationsBIS Department for Business, Innovation and SkillsBMA Bilateral migration agreementBrAsian British AsianCAP European Common Agricultural PolicyCEDAW Convention on Elimination of All Forms of Discrimination

Against WomenCIPD Chartered Institute of Personnel and DevelopmentCIS Commonwealth of Independent StatesCRE Commission for Racial EqualityCrPC Criminal Procedure CodeDFID Department of International DevelopmentDTI Department of Trade and IndustryDH Department of HealthDIR Domestic Incident ReportECHR European Convention on Human RightsECJ European Court of JusticeEEA European Economic AreaEIC East India CompanyEOC Equal Opportunities CommissionEPA Economic Partnership AgreementETI Ethical Trading InitiativeETLR Evolutionary theory of land rightsEU European UnionFAO Food and Agriculture OrganizationFCO Foreign and Commonwealth Office






FDI foreign direct investmentFFV fresh fruits and vegetablesFMU Forced Marriage UnitFSC Federal Shariat CourtGATS General Agreement on Trade in ServicesGATT General Agreement on Tariffs and TradeGCC Global commodity chainGDP Gross domestic productGHS Ghana Health ServiceGVC Global value chainHIV human immunodeficiency virusICCPR International Convention on Civil and Political RightsICESCR International Covenant on Economic, Social and Cultural RightsIFIs International Financial InstitutionsILO International Labour OrganizationIMF International Monetary FundIOM International Organization for MigrationIPC Indian Penal CodeLDCs Least Developed CountriesMDGs Millennium Development GoalsMFLO Muslim Family Law OrdinanceMFN Most Favoured NationMNC Multinational CorporationMPL Muslim Personal LawNCW National Commission for WomenNGO Non-governmental organisationNHS National Health ServiceNRI Non-resident IndianNTAE non-traditional agricultural exportsOECD Organisation for Economic Co-operation and DevelopmentOFW Overseas Foreign WorkersOSCE Organization for Security and Co-operation in EuropeOWWA Overseas Workers Welfare AssociationPPC Pakistan Penal CodePOEA Philippines Overseas Employment AdministrationPO Protection OfficerPSI private standards initiativeSAP Structural Adjustment ProgrammesTNC Transnational corporationTNF Transnational familyTNM Transnational marriageUDHR Universal Declaration of Human RightsUN United Nations

xiv List of abbreviations






UNCTAD United Nations Conference on Trade and DevelopmentUNICEF United Nations Children’s FundUNIFEM United Nations Development Fund for WomenUNRISD United Nations Research Institute for Social DevelopmentVAW Violence against womenWHO World Health OrganizationWILDAF Women in Law and Development in AfricaWLSA Women and Law in Southern AfricaWTO World Trade Organization

xv List of abbreviations




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