International Court of Justice

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Concluding the Normative Synergy on State Continuity: The ILC, the General Assembly and the Climate Advisory Opinion

July 3, 2026

A month ago, the United Nations General Assembly took a position significantly less ambiguous than the ICJ on a question of existential importance to island States threatened by climate-induced sea-level rise. Referring to the Climate Change Advisory Opinion, it recalls that the Court “found that, once a State is established, the disappearance of one of its constituent elements would not necessarily entail the loss of its statehood” (Resolution 80/263, § 7, quoting § 363 of the advisory opinion). Departing from the Court’s cautious and conditional language, the General Assembly then states unequivocally, in the present indicative, that it “affirms the continuity of statehood in the face of sea level rise”. Given that 141 States voted in favour of the resolution, should it now be taken for granted that the progressive submersion of their territory no longer threatens the statehood of island States? As we have previously argued, this positive development challenges some of the most fundamental principles of international law—not only State continuity but also sovereignty…

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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…

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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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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…

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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…

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