6 Comments
User's avatar
Aditya Roy's avatar

OK

Thank for the clarification. There is a recent EJIL Talk post on this by Pranay Lekhi

Dr Yusra Suedi (SAIL)'s avatar

Yes, saw that!

Oloruntuyi Emmanuel Oluwaseun's avatar

The Advisory Opinion of the International Court of Justice on the Labour Strike gave a standpoint of International Law on international labour strike.. this standpoint shows that international law support labour strike and the welfare of employees

Even though the Advisory Opinion is not biding but it carries the force of law and can be use as a precedence..

The Advisory Opinion of Court is a good development which will shape International labour sphere.

Aditya Roy's avatar

Very significant decision. But, as with every Advisory Opinion, States would argue that it is not binding on us. It is addressed to the ILO.

Dr Yusra Suedi (SAIL)'s avatar

Actually advisory opinions relating to the interpretation of the ILO Constitution or of an international labour convention are endowed with binding effect (art 37(1)of its Constitution), so would be binding on ILO Member States (although there is some controversy on how this provision is interpreted)