The Governing Body of the International Labour Organization (ILO), currently meeting in Geneva, appears to heading towards asking the International Court of Justice (ICJ) to settle the row sparked by the ILO employers’ representatives claim that the right to strike is not protected by existing ILO conventions. (This previous post explains the background to the argument.) At this stage the Governing Body has still to make its final decision, but the publication last week of a ‘revised draft decision‘ that proposes to ask the ICJ to intervene suggests that workers’ representatives are winning the argument. The workers have been pressing for the referral of the question to the Court rather than the alternative solution, the establishment of a new internal dispute resolution tribunal. If the GB finally confirms the reference of the matter to the ICJ — and given the publication of the revised draft decision it looks almost certain — it would be a first for the ILO. While international bureaucracy nerds, especially those who have read this background document, might point out that the ILO referred 6 cases to the ICJ’s pre-second world war predecessor court, the last time this happened was in 1932 and in any case only one of those six references was on the interpretation of an ILO convention. While there’s no guarantee that the ICJ’s decision will be what workers’ representatives want, according to the ITUC the legal arguments that the right to strike is indeed enshrined in international law are pretty strong. Watch this space.

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