Global: Right to Strike challenged at International Court of Justice

International Court of Justice examines strike rights under ILO Convention 87, as employers, unions and governments seek clarity on international law

The Key Points: The International Court of Justice began hearing oral arguments on October 6 regarding the right to strike under International Labour Organisation Convention 87, following the ILO's inability to resolve this 75-year-old dispute internally. Trade unions argue the strike right is implicit in Convention 87's freedom of association provisions, while employers contend the Convention never mentions strikes and that strike regulations should come from elected lawmakers rather than unelected ILO experts. All parties agree on the fundamental right to strike, but disagree on its legal basis and the proper mechanisms for establishing international strike law. 

Why This Matters: This case could reshape international labour law by clarifying how strike rights are established and regulated across the 158 countries that have ratified Convention 87. The employers' challenge reflects broader concerns about democratic legitimacy in international rule-making and the role of expert bodies in establishing binding legal obligations. The outcome may influence whether new negotiations occur on a specific strike convention covering modern issues like essential services and strike procedures.

What Might Happen Next: The ICJ proceedings will continue for weeks or months as all governments submit their positions beyond the initial opening statements from the ILO legal adviser and representatives from the International Trade Union Confederation and International Organisation of Employers. If the court supports the employers' position, this could trigger negotiations for a new, specific convention on strike rights with detailed provisions on procedures and limitations. The process could extend over years if new convention negotiations prove necessary.

We will of course read this stuff and keep you updated over coming weeks months … and if there is a Convention… years.