International Trade Law and Gender Linkages: A Gender Perspective on Non‑Tariff Measures in Malawi

The relationship between international trade and gender equality has become increasingly significant in international economic law and development policy. While trade liberalisation has traditionally been viewed as gender-neutral, contemporaryscholarship demonstrates that trade policies and regulatory mechanisms affect women and men differently due to existing socio-economic inequalities. This article examines the gendered impact of non-tariff measures (NTMs) in Malawi, focusing particularly on sanitary and phytosanitary measures, customs procedures, rules of origin, product standards, and digital trade facilitation. Using Malawi as a case study, the article argues that NTMs disproportionately burden women traders, especially those engaged in informal cross-border trade and small-scale agriculture. At the same time, the article demonstrates that gender-responsive trade interventions, digital trade facilitation tools, and voluntary sustainability standards can significantly improve women’s economic participation. The article further analyses the evolving international legal framework on trade and gender within the World Trade Organization (WTO), the African Continental Free Trade Area (AfCFTA), and regional trade arrangements in Southern Africa. It concludes by proposing policy recommendations for integrating gender perspectives into Malawi’s trade governancen framework. Keywords: International Trade Law, Gender Equality, Non- Tariff Measures, Women traders, Malawi, AfCFTA, WTO, SPS Measures, Digital Trade.