ILO submits dossier related to the right to strike dispute to the International Court of Justice

On 14 December 2023, the International Labour Office submitted to the International Court of Justice (ICJ) a collection of 342 documents in five volumes (dossier), as required under article 65(2) of the  Court’s Statute.

This follows the decision of the ILO Governing Body to refer a dispute over the right to strike to the International Court of Justice in the Hague.

These documents, from ILO and non-ILO sources, are likely to throw light on the different aspects of the interpretation dispute, such as the institutional debate so far regarding the interpretation of Convention No 87  and the possible referral under article 37(1) of the ILO Constitution, the ‘jurisprudence‘ of ILO  supervisory organs on the right to strike, and the recognition of the right to strike in international human rights law.

The dossier was accompanied by an Introductory Note . As per established practice, and in order to facilitate the preparation of written statements by Member States parties to Convention No 87 and the six international organizations of employers and workers enjoying general consultative status at the ILO, the ICJ Registry has posted the ILO dossier on the Court’s public website .  

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