Right to Strike under ILO Convention No. 87 (Request for Advisory Opinion)
The International Court of Justice has made an Order organizing the proceedings, an opinion can potentially be expected for early 2025
Following the request by the Governing Body of the International Labour Organization (ILO) for the International Court of Justice to render an advisory opinion on the right to strike under ILO Convention No. 87, the Court has made an Order organizing the proceedings. In its Order dated 16 November 2023, the Court decides that “the International Labour Organization and the States parties to the Freedom of Association and Protection of the Right to Organise Convention (No. 87) are considered likely to be able to furnish information on the question submitted to the Court for an advisory opinion”, and that they may therefore submit written contributions to the Court.
The Court further decides that six organizations that have been granted general consultative status at the International Labour Organization by the Governing Body are also likely to be able to furnish information on the question submitted to it for an advisory opinion, and it invites those organizations to make written contributions to the Court. The six organizations in question are the International Organisation of Employers, the International Trade Union Confederation, the World Federation of Trade Unions, the International Cooperative Alliance, the Organization of
African Trade Union Unity and Business Africa.
In accordance with Article 66, paragraph 2, of its Statute, the Court fixes 16 May 2024 as the time-limit within which written statements on the question may be presented to the Court, and 16 September 2024 as the time-limit within which States and organizations having presented written statements may submit written comments on the written statements made by other States or organizations, in accordance with Article 66, paragraph 4, of the Statute.
The subsequent procedure has been reserved for further decision.
The history of the proceedings can be found in press release No. 2023/64, available on the Court’s website here.
The full text of the request for an advisory opinion will be available shortly on the Court’s
website here