Advisory Opinion

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Treaty Interpretation in the ICJ’s Opinion on the Right to Strike

On 21 May 2026, the International Court of Justice delivered its advisory opinion on the Right to Strike under ILO Convention No. 87. The question before the Court was whether the Freedom of Association and Protection of the Right to Organise Convention, 1948 (Convention No. 87) protects workers’ right to strike. The core of the case concerns a question of treaty interpretation: does Convention No. 87 protect the right to strike, despite containing no express reference to it? The political stakes behind the legal question are plain. The opinion arrives at a moment when right-wing governments have been seeking to erode labour protections, and when changes in the global economy have made the exercise of collective labour rights more difficult than ever — from the displacement pressures of automation to the disruptions posed by the gig economy, and the transformative rise of AI. A finding that the Convention does not protect the right to strike could have been a trigger for…

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From Opinion to Action: The General Assembly Votes to Operationalize the ICJ’s Climate Advisory Opinion

On 20 May 2026, the United Nations General Assembly adopted resolution A/80/L.65 welcoming the Advisory Opinion of the International Court of Justice (ICJ) on the Obligations of States in Respect of Climate Change. The draft, tabled by Vanuatu and a cross-regional Core Group attracted 90 co-sponsors and was adopted by a recorded vote of 141…

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The Court That Built the Advisory Opinion It Refused to Complete: OC-30/25 on Arms Trafficking, Corporate Immunity, and the Reach of Advisory Jurisdiction

Mexico’s effort to hold the gun industry to account has now encountered an institutional setback in San José. Its request for an advisory opinion raised six questions before the Inter-American Court of Human Rights (IACtHR). This post examines, against a more expansive account of OC-30/25 offered here, whether laws granting public or private arms-industry companies…

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The Inter‑American Court’s Warning Shot: Illicit U.S. Firearms and the Hemispheric Duty States Keep Ignoring

Criminal organizations finance, procure, broker, transport, and illegally distribute U.S.‑made weapons throughout Latin America and the Caribbean to fuel political violence in the region. Latin America is experiencing a surge of violence that is neither spontaneous nor locally contained. It is engineered—manufactured, trafficked, and laundered through a hemispheric supply chain that begins overwhelmingly in the United States and…

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When Guidance Becomes Fog: The ICJ and the Normative Uncertainty of the Duty to Co-operate

For a long time, the obligation to co-operate occupied an ambiguous position in international law. It appeared in diverse treaty regimes and institutional contexts, yet it was seldom recognised as an autonomous, self-standing obligation, i.e., as a general duty of customary nature, underpinning the various legal regimes, and as a genuine legal obligation in its own right. One…

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