International Labour Law

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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…

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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.  …

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The ILO’s Right to Strike: Distinguishing Non-Binding Principles from Binding Conventions at the ICJ

October 20, 2025

From 6-8 October, 2025, the International Court of Justice held public hearings in response to the International Labour Organization (ILO)’s request for an advisory opinion on the following question: Is the right to strike of workers and their organizations protected under the Freedom of Association and Protection of the Right to Organise Convention,…

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25 Years after the Adoption of the ILO 1998 Declaration on Fundamental Principles and Rights at Work: What is New in the Human Rights Turn in Labour Law?

July 4, 2023

June 2023 marked the 25th anniversary of the adoption of the ILO 1998 Declaration of Fundamental Principles and Rights at Work (the Declaration). The Declaration has been a catalyst for intense discussions and has wielded significant influence, within and beyond the ILO. This post explores the most notable impacts of the Declaration, spanning from its…

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Discriminating against Υour Own Nationals: The Peculiar Case of New Zealand Seafarers

November 23, 2021

As the Covid-19 vaccine rollout continues across many countries, thousands of people have been able to regain a sense of normality in their daily life and employment. This has not always been the case for the thousands of seafarers who continue to face serious challenges as a result of the ongoing crew change crisis. While the numerous…

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