International Affairs📖 3 min read

ICJ Rules Right to Strike Protected Under ILO Convention 87

UN's top court settles long-standing dispute on workers' right to strike globally.

Source: UN News
Summary of News

The UN International Court of Justice (ICJ) has issued an advisory opinion stating that the right to strike is protected under a key International Labour Organization (ILO) convention. This landmark ruling resolves a long-standing disagreement between workers' and employers' groups worldwide. The decision clarifies the scope of ILO Convention No. 87, which deals with freedom of association and protection of the right to organise. This ruling strengthens the position of trade unions and workers' rights globally, affirming the importance of collective bargaining and industrial action as fundamen

Key Points for Exam
  • The ICJ's ruling is an advisory opinion, which means it is not legally binding but carries significant moral and legal authority.
  • The decision clarifies the interpretation of ILO Convention No. 87, known as the Freedom of Association and Protection of the Right to Organise Convention, 1948.
  • This convention is one of the eight fundamental ILO conventions, considered core labour standards.
  • The dispute arose from differing interpretations between employer and worker representatives within the ILO regarding the inclusion of the right to strike under Convention No. 87.
  • The ICJ's opinion supports the long-held view of worker organisations that the right to strike is an indispensable part of the right to organise.
Important Keywords Explained
International Court of Justice (ICJ)organization

The principal judicial organ of the United Nations, established in 1945. It settles legal disputes between states and gives advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. Its seat is at the Peace Palace in The Hague, Netherlands.

International Labour Organization (ILO)organization

A specialized agency of the United Nations, founded in 1919. Its main aims are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues. It is headquartered in Geneva, Switzerland.

Right to Strikeconcept

The right of workers to collectively stop work as a form of protest or to press demands, typically related to working conditions, wages, or other labour issues. It is considered a fundamental aspect of freedom of association and collective bargaining.

ILO Convention No. 87act

Also known as the Freedom of Association and Protection of the Right to Organise Convention, 1948. It guarantees workers and employers the right to establish and join organisations of their own choosing without prior authorisation, and to draw up their constitutions and rules.

Additional Facts & Context
1The ICJ was established in 1945 by the Charter of the United Nations.
2The ILO was founded in 1919 and became the first specialized agency of the UN in 1946.
3ILO Convention No. 87 has been ratified by 157 countries as of 2023.
4The ICJ is composed of 15 judges elected for nine-year terms by the UN General Assembly and the Security Council.
Examiner's Tip

Questions often focus on the roles of international bodies like the ICJ and ILO, their key conventions, and fundamental labour rights. Be aware of the difference between binding judgments and advisory opinions.

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Memory Trick

Remember ICJ (International Court of Justice) ruled on ILO (International Labour Organization) Convention 87, linking 'Justice' to 'Labour Rights'.

Connected Concepts / Topics
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