Ruling by 10 votes to four, the World Court settled a longstanding, contentious dispute among governments, employers, and workers regarding the treaty’s scope. While Convention No. 87 does not explicitly contain the word “strike,” the ICJ concluded that strike action inherently falls within the ordinary meaning of a workers’ organization’s right to organize its “activities” and defend its interests. The judges clarified, however, that this conclusion does not define the precise legal parameters, conditions, or limits of exercising that right.
The referral, initiated by the ILO Governing Body in November 2023, marks only the second time in ILO history, and the first time since the ICJ’s creation in 1945, that the World Court has been asked to interpret an international labour convention. While four dissenting judges argued the ruling stretched the convention beyond its original state-agreed text and ventured into human rights advocacy, the majority opinion carries significant international legal and political weight. The ILO Governing Body is expected to review the findings and deliberate on formal follow-up actions during its upcoming November session.
For Bangladesh, a global manufacturing hub with a massive industrial workforce and complex cross-border labor dynamics, this ruling holds immense practical significance. By firmly establishing the right to strike within the framework of fundamental international law, the ICJ opinion strengthens the legal mechanisms available for workers and trade unions advocating for fair wages, occupational safety, and equitable treatment across both domestic and global supply chains.
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