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Benjamin James Stevenson (2002), "Pursuing an End to Foreign Child Labor Through U.S. Trade Law : WTO Challenges and Doctrinal Solutions", UCLA Journal of International Law and Foreign Affairs, vol. 7 ; 129

2 mai 2002

This Comment focuses on the right of a single state, within the WTO framework, to utilize trade sanctions against its trading partners for violation of child labor protections under international human rights standards. Part I and II discuss the extent and definition of child labor, as well as its adverse effects. Section III considers whether the U.S. can justify imposing an embargo on goods produced by child labor. The author argues that in order to prevent non-complying states from gaining advantages from others’ compliance with human rights standards, a single state is justified in not only prohibiting child labor domestically, but also prohibiting it extra-territorially by refusing to import products made with child labor. Section IV reviews current U.S. laws against the importation of products made with child labor and concludes that they are ineffective in addressing the global problem of child labor. Lastly, Section V evaluates the likelihood that the WTO would uphold laws banning the importation of child labor if they were challenged by member states. The author argues that such an embargo would either be a fair response to social dumping or be exempted by the WTO’s General Agreement on Trade and Tariffs (GATT) Article 20.b as a measures necessary to protect human life.

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