The International Court of Justice (ICJ), the United Nations’ principal judicial organ, is set to issue an advisory opinion on Thursday regarding whether workers have a legally protected right to strike under international labour law. The decision is expected to clarify long-debated interpretations of global labour standards and could influence workplace regulations across multiple countries.

The case was referred to the ICJ in 2023 by the International Labour Organization (ILO), a United Nations agency responsible for setting international labour standards. The request stems from an internal dispute over whether a key ILO convention explicitly guarantees employees the right to strike. The convention in question has been ratified by 158 countries and is widely referenced in international labour frameworks, including guidelines issued by the Organisation for Economic Co-operation and Development (OECD) and various trade agreements.

While the United States is a member of the ILO, it has not ratified the specific convention under review. The ICJ’s interpretation, however, could still carry global influence, as advisory opinions—though not legally binding—are considered highly authoritative in shaping international legal norms and policy direction.

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During hearings held in October at The Hague, the court heard submissions from 18 countries and five international organisations, including the ILO itself. Additional written statements were also submitted by several other states. According to court proceedings, a majority of participating parties supported recognising the right to strike as an inherent part of international labour protections.

The ICJ has increasingly been called upon to provide advisory opinions on major global issues. In a notable 2024 opinion, the court stated that countries could be in breach of international law if they fail to take adequate measures to address climate change. Legal experts say the upcoming ruling on strike rights could similarly shape international expectations around labour protections, even without formal enforcement mechanisms.

As the court prepares to deliver its opinion, labour groups, governments, and employers worldwide are closely watching the outcome. The decision is expected to contribute to ongoing debates about workers’ rights, collective bargaining, and the balance between economic stability and labour protections in an evolving global economy.

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