Right to Strike under ILO Convention No. 87

Starting in 2012, employer representatives refused to recognize the right to strike as a corollary of the right to collective bargaining, as codified in International Labour Convention 98.^[1][2] This refusal led to the ILO's supervisory functions, in particular the Committee of Experts, ceasing to operate properly for more than a decade. As the ILO's tripartite constituents (governments, employers and trade unions) were unable to resolve how to interpret the right to strike, the governing body voted to seek the opinion of the ICJ. Article 37 of the ILO's constitution provides for this mechanism when conventions are in dispute.^[3]

As of June 2024, 31 submissions had been received concerning the case.^[4]