Chicago Journal of International Law


Section II provides a brief background on the sources of international law used to advocate for and enforce LGBT rights. Section III describes some examples of recent and current legal issues arising out of situations in which nations have decided not to follow their international treaty obligations and examines why these nations might have so chosen. Section III also distinguishes among three different types of situations-laws violating international human rights obligations that predate treaty obligations (III.A), laws predating treaty obligations that are now being reinforced to further violate those obligations (III.B), and laws proposed after treaties have already been signed (III.C)-and, for each, analyzes the legal arguments to be made on both sides of the debate and evaluates potential responses to the actions of these nations. Section IV concludes that combining an incremental approach and an increased emphasis on legal arguments would be the most effective way for international human rights organizations to effect change and to protect the rights of sexual minorities in many cases-but in situations where the offending legislation predates the treaty, legal arguments will likely be less effective.