The United Nations' top court will issue an advisory opinion on the right to strike
The International Court of Justice (ICJ) will issue an advisory opinion on Thursday regarding the right to strike, addressing whether workers have legal protections under a 1948 ILO convention ratified by 158 countries. The ruling, while not legally binding, could influence global labor laws as the ICJ evaluates disputes submitted by the International Labor Organization (ILO).
The Hague, Netherlands — The International Court of Justice (ICJ) will deliver an advisory opinion on Thursday regarding the right to strike, a decision that could reshape labor laws worldwide. The court was asked by the International Labor Organization (ILO), a U.N. agency, to clarify whether the 1948 ILO Convention No. 87 grants workers the legal right to strike. The convention, ratified by 158 countries, underpins labor standards, OECD guidelines, and international trade agreements, though the United States has not ratified it. The ICJ’s advisory opinions are not legally binding but carry significant influence. The court previously ruled in 2023 that nations must protect the planet from climate change, setting a precedent for global accountability. During October hearings, 18 countries and five international organizations, including the ILO, presented arguments, with most advocating for the right to strike. The ILO’s request stems from an internal dispute over whether the convention explicitly guarantees workers the right to organize and strike. If the ICJ affirms the right, it could strengthen labor protections globally, particularly in countries where strikes are restricted or criminalized. The decision follows a pattern of the ICJ addressing high-stakes legal questions with far-reaching implications for international law.
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