THE International Court of Justice (ICJ) in The Hague delivered a landmark advisory opinion Thursday, May 21, ruling that the right to strike is protected under international law as a fundamental component of freedom of association.
The decision by the United Nations’ highest court settles a long-standing debate within the International Labor Organization (ILO), explicitly confirming that worker strikes are shielded under ILO Convention 87. For global seafarers and logistics personnel navigating increasingly volatile global trade lanes, the ruling codifies their ultimate legal safeguard during industrial disputes.
Global trade unions hailed the ruling as a monumental victory that restores legal certainty to international labor standards.
"Transport workers keep the world moving and today, the International Court of Justice has confirmed our right to strike is protected under Convention 87 as fundamental to freedom of association," said Stephen Cotton, general secretary of the International Transport Workers' Federation ( ITF).
Cotton added that the ruling marks a critical moment to reinforce multilateralism and social dialogue for millions of transport workers worldwide who "have long fought to defend their jobs, their safety, their lives and their fundamental right to withdraw their labor."
The legal battle over the interpretation of Convention 87 — originally adopted in 1948 — has caused years of friction within the ILO, particularly between labor groups and employer representatives who questioned whether the treaty inherently guaranteed the right to strike.
By issuing this opinion, the World Court reaffirms decades of international labor jurisprudence. Representatives from the International Trade Union Confederation (ITUC) noted that the clarity provided by the court is vital not just for labor groups, but for stable industrial relations worldwide.
"This is an important moment for legal certainty, for social justice and for the credibility of the international labour standards system," ITUC General Secretary Luc Triangle said in a statement. "The Court has confirmed that international law supports the longstanding understanding shared not only by unions, but across large parts of the ILO system for decades."
The ITUC and its affiliate unions are now calling on governments, employers, and ILO constituents to move forward in a spirit of cooperation. The responsibility of implementing and monitoring the follow-up to this ruling will now return to the ILO’s supervisory system to guide nations in applying the convention uniformly across global supply chains.
