International Court of Justice

Page 2 of 79

Filter category

Feature post image

A Framework for the Weight of Treaty Body Output: The ICJ’s Right to Strike Advisory Opinion

June 8, 2026

On 21 May 2026, the International Court of Justice delivered its advisory opinion on the right to strike under ILO Convention No. 87, holding by ten votes to four that the right is protected by that instrument. The Opinion clarifies a long-running issue between workers’ and employers’ groups. But it is also significant as a methodological case. The Court majority concludes that the ordinary meaning of the terms of the treaty, read in good faith, in the context, and in light of the object and purpose of the treaty indicates that ILO Convention No. 87’s freedom of association provision encompasses the right to strike. Participants throughout the proceedings cited various other material to support their competing claims, including a variety of ILO treaty body output, which is in focus here. In responding to these claims, the Court majority constructs a framework for situating pronouncements of the ILO treaty supervisory bodies in the landscape of Article 31(3) and Article 32 of the Vienna Convention on the Law of Treaties. The Court’s approach will likely…

Read more

When Advice Should Have Turned Binding: A Missed Opportunity

June 1, 2026

On 21 May 2026, the International Court of Justice gave its advisory opinion on the Right to Strike under ILO Convention No. 87. By ten votes to four, the Court concluded that the right to strike of workers and their organisations is protected under ILO Convention No. 87 – one of the ILO’s eight “fundamental” Conventions.  …

Read more

Is Deep-Seabed Mining Compatible with the Human Right to a Healthy Environment? Insights from the ICJ and IACtHR Climate Change Advisory Opinions

June 1, 2026

In 2025, following the 2024 advisory opinion (AO) of the International Tribunal for the Law of the Sea on Climate Change (here), the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (IACtHR) issued their AOs on Climate Change (here and here, respectively). These historic AOs have generated extensive commentary. This blog…

Read more

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

May 28, 2026

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…

Read more

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

May 22, 2026

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…

Read more