International Trade: Child Labor, Cocoa, and Australian Legislation

This report analyzes the potential conflict between Australia's proposed ban on cocoa imports due to child labor concerns and the provisions of the General Agreement on Tariffs and Trade (GATT). The report highlights the situation in West Africa, where child labor is prevalent in cocoa plantations, and examines the Australian government's consideration of legislation to ban the import of cocoa not certified as child-labor-free. It delves into the relevant articles of the GATT, specifically Article I, Article II, Article III, Article XI, and Article XX, discussing potential arguments from both the complainant (West African countries) and the Australian government. The analysis considers issues such as public notice requirements for import restrictions and the exceptions provided by Article XX for protecting human health and animal welfare. The report also references the Convention C182 on the Worst Forms of Child Labour and the WTO's dispute settlement system, concluding that the Australian measure might be challenged under the GATT, but Australia could potentially defend its position based on Article XX.

Running head: INTERNATIONAL TRADE
International Trade
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1. Countries like West Africa are actively involved in cocoa importation with the
utilization of child labor in its plantations. Therefore, it is worth noting that in such case the
complainants can be the higher authorities of Ghana and Ivory Coast which would involve
the Government of West Africa.
2. More than 15,000 children are employed in cocoa plantation aged below 12 while
other children are sold. The working conditions are worse and they are forced to work in a
hazardous environment. It is evident that such practices are prevalent in Ghana and Coast
Ivory. The Australian Government proposed the introduction of a new legislation in order to
impose ban on importation of cocoa into Australia in order to eliminate the utilization of
child labor. Therefore, it can be stated that as a result of such measure on the part of the
Australian Government, it might become a subject of complaint in Ghana and Coast Ivory.
3. In this regard, it is noteworthy to mention here that Article I deals with the
charges of importation and exportation. Article II of the GATT deals with concessions of the
contracting parties. Article III deals with internal taxation and regulations. However Article
XI deals with elimination of Qualitative Restrictions (The General Agreement Of Tariffs and
Trade 2018). Therefore, the measure taken by the Australian Government can breach the
provisions of Article XI. In this regard, the complainant can present an argument by stating
that the Australian Government should have provided a prior public notice before restricting
the importation of cocoa. Article XI clearly states that it is required on the part of the
contracting party to provide public notice regarding the restriction in importation of a
specific good. In this regard, the Australian Government has the opportunity to present
counter-arguments by stating that according to the provisions of Article XI, there is no

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prohibition or restrictions on importation of any product of the territory other than taxes,
duties and charges.
4. The Australian Government can rely upon Article XX of the GATT 1994. The
provisions of Article XX provide the contracting party with an opportunity to enforce various
measures by restricting trade in order to protect human health and animal welfare. Article
XX also provides restrictions on products which involves prison labor. However, the only
issue that can arise is that the complainant can argue by stating that Article XX is determined
independently by contracting parties. Therefore, the complainant states can argue that the
provisions of fair labor standards in case of international commodities are not strong enough
and therefore do not provide any clear specification.
5. Article 3.2 states that the dispute settlement system of the WTO provides security
to multilateral trading system. The countries of West Africa and Australia have given consent
to the elimination worst forms of child labor (Convention C182 - Worst Forms of Child
Labour Convention 1999 (No. 182) 2018). However, it is important that the member
countries should act according to the right and obligations of the members depicted under the
agreements. However such provision shall not have any effect to the abovementioned
answers as the violation of Article 3.2 and Articles I, II, II, XI and XX are completely
distinct.

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References:
Convention C182 - Worst Forms of Child Labour Convention, 1999 (No. 182). (2018). Ilo.org.
Retrieved 18 March 2018, from http://www.ilo.org/dyn/normlex/en/f?
p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C182.
The General Agreement Of Tariffs and Trade. (2018). Wto.org. Retrieved 18 March 2018, from
https://www.wto.org.