80. The Right to Strike in International Law

Is there a right to strike in international law? And how did a century-old debate within the International Labour Organization (ILO) end up before the International Court of Justice? In this episode, host Ntina Tzouvala is joined by Professor Tonia Novitz of the University of Bristol, one of the leading scholars of international labour law and a member of the legal team that advised the International Trade Union Confederation during the recent ICJ proceedings on the right to strike. The conversation traces the origins of the ILO’s unique tripartite structure, the development of international protections for freedom of association, and the long-running dispute over whether the right to strike is protected under ILO Convention No. 87. Tonia explains how tensions between employers, workers, and governments ultimately led to a landmark advisory opinion from the ICJ, and unpacks the Court’s reasoning on treaty interpretation, subsequent practice, and the relationship between freedom of association and collective action. The discussion also explores the political implications of the decision for the ILO, international human rights law, and domestic labour litigation around the world. Recommendations: The Right to Strike Reimagined (open access!) https://www.bloomsbury.com/au/right-to-strike-reimagined-9781509979165/ Music: Sam Barsh, Oils of Au Lait