THE HAGUE – The United Nations’ top court is set Thursday to issue a landmark advisory opinion on the right to strike, clarifying whether employees are lawfully allowed to walk off the job.
The 15 judges at the International Court of Justice were asked in 2023 by the International Labor Organization, a U.N. agency, to settle an internal dispute over whether one of the ILO’s conventions gives workers the right to strike.
The convention has been ratified by 158 countries and is incorporated into U.N. labor standards, guidelines from the Organization for Economic Cooperation and Development and international trade agreements. The United States is a member of the ILO, but hasn't ratified the convention.
Advisory opinions aren't legally binding but carry significant weight and the decision could have a worldwide impact on labor regulations.
A number of U.N. 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 organizations, including the ILO, with a number of other countries submitting written arguments. The majority of participants favored the right to strike.