UN’s top court says right to strike protected by key labour treaty

The United Nations top court issued a landmark advisory opinion on the right to strike on Thursday, finding that a cornerstone labour treaty protects the ability of workers to walk off the job.

The International Court of Justice was asked in 2023 by the International Labour Organisation, a UN agency, to settle an internal dispute over whether one of the ILO’s conventions gives workers the right to strike.

Advisory opinions aren’t legally binding but carry significant weight. The decision could have a worldwide impact on labour regulations, enshrining the right to strike in labour standards and international trade agreements.

The convention has been ratified by 158 countries and is incorporated into UN labour standards, guidelines from the Organisation for Economic Cooperation and Development and international trade agreements. The United States is a member of the ILO, but hasn’t ratified the convention.

A number of UN agencies can ask the ICJ to weigh in on legal questions and issue advisory opinions. Last year, the court said in a landmark advisory opinion that countries could be in violation of international law, if they fail to take measures to protect the planet from climate change.

During hearings in October, the court in The Hague heard from 18 countries and five international organisations, including the ILO, with a number of other countries submitting written arguments. The majority of participants favoured the right to strike.