The highest court of the United Nations delivered a groundbreaking advisory opinion on the right to strike, asserting that a fundamental labor agreement safeguards workers’ ability to go on strike. The International Court of Justice (ICJ) was called upon in 2023 by the International Labour Organization, a UN agency, to resolve an internal disagreement regarding whether one of the ILO’s conventions affirms the right to strike.
Although advisory opinions do not carry legal weight, they hold significant influence. This ruling has the potential to impact labor regulations globally, solidifying the right to strike in labor standards and international trade pacts. Despite the absence of the term “strike” in the 1948 Freedom of Association and Protection of the Right to Organize Convention, the ICJ’s 14 judges concluded that strike actions fall under other guarantees.
Court president Yuji Iwasawa stated, “The protection of the right to strike is encompassed in the freedom of association,” while announcing the ruling at the Great Hall of Justice in The Hague. The convention has been ratified by 158 countries, including Canada, and is integrated into various employment guidelines and standards endorsed by the United Nations, the Organization for Economic Cooperation and Development, and multiple international trade agreements.
Although the United States is a member of the ILO, it has not ratified the convention. International labor law expert Paul van der Heijden emphasized the significance of the ICJ’s advisory opinion as a crucial tool for workers facing legal challenges. The judges highlighted that while the right to strike may be constrained in certain circumstances, the exact parameters for exercising this right were not determined in the opinion.
The ICJ can be approached by several UN agencies to address legal queries and provide advisory opinions. In a landmark ruling last year, the court indicated that countries could breach international law by failing to take action to safeguard the environment from climate change. During the hearings in October, the court heard from 18 countries and five international organizations, including the ILO, with additional countries presenting written arguments.
The majority of participants supported the right to strike, a privilege already granted in most European nations.