ICJ advisory opinion affirms right to strike under labor law

The International Court of Justice has issued a landmark advisory opinion affirming that the right to strike is protected under international labor law. The United Nations' highest court ruled Thursday that a key international convention guarantees workers' right to engage in strike action, a decision with potential global implications for labor standards and trade agreements.

The ruling came in response to a 2023 request from the International Labour Organization, a UN agency, which sought the court's guidance on whether its 1948 Freedom of Association and Protection of the Right to Organise Convention encompasses the right to strike. While the term "strike" is not explicitly mentioned in the convention, the court determined that such actions fall within its protective scope. Court President Yuji Iwasawa emphasized during the reading in The Hague that "the protection of the right to strike is encompassed in the freedom of association."

The convention has been ratified by 158 countries and is incorporated into UN labor standards, guidelines from the Organisation for Economic Cooperation and Development, and various international trade agreements. The United States, while a...