‘On 21 May 2026, the International Court of Justice (also known as the ‘ICJ’ or ‘World Court’) delivered an Advisory Opinion, which is of importance for workers across the globe. The question referred to the Court was whether the right to strike is protected under International Labour Organization (ILO) Convention No. 87 on Freedom of Association and the Right to Organise (C87). It should not be surprising that a clear majority of the World Court answered this question in the affirmative (by ten in favour to four against); it is only surprising that it was not unanimous. Nevertheless, it is a significant acknowledgement of the importance of the right to strike for effective worker organisation and activities nationally and transnationally. The World Court has recognized the vital connection between freedom of association and the right to strike, as well as the ‘great weight’ to be given to the decisions of the ILO supervisory bodies. We find that this contrasts with the problematic approach taken by both Rishi Sunak’s Conservative government and Keir Starmer’s Labour government to these matters. In this blog, we explain the background to the dispute, the reasoning of the ICJ, and the potential application of the Advisory Opinion in the ILO, the UK, and beyond.’
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UK Labour Law, 14th October 2026
Source: uklabourlawblog.com