The International Court of Justice Affirmation of the Right to Strike under Convention 87.

國際法院確認《第87號公約》下之罷工權。

May 21, 2026, 17:05
EuropeInternational

Introduction

The International Court of Justice (ICJ) has issued an advisory opinion confirming that the right to strike is protected under a primary International Labour Organization (ILO) treaty.

國際法院 (ICJ) 已發表一份諮詢意見，確認罷工權受到國際勞工組織 (ILO) 一份主要條約的保護。

Main Body

The judicial determination originated from a 2023 request by the ILO to resolve a persistent divergence of interpretation regarding the 1948 Freedom of Association and Protection of the Right to Organize Convention (Convention 87). Although the text of the convention does not explicitly mention 'strikes,' the ICJ panel concluded in a 10-4 decision that such actions are implicitly encompassed within the guarantee of freedom of association. The court reasoned that collective walkouts constitute a primary instrument for the advancement of labor conditions and the defense of member interests, thereby aligning with the treaty's fundamental objectives.

此司法裁定源於 ILO 於 2023 年的一項請求，旨在解決關於 1948 年《結社自由及保護組織權利公約》（第 87 號公約）長期存在的解釋分歧。儘管公約文本中未明確提及「罷工」，但 ICJ 小組在 10 比 4 的裁決中認定，此類行動已隱含在結社自由的保障之內。法院認為，集體罷工是改善勞工條件與維護成員利益的主要手段，因此符合條約的基本目標。

Regarding the institutional reach of this opinion, Convention 87 has been ratified by 158 nations and is integrated into the regulatory frameworks of the OECD and various international trade accords. While the United States maintains membership in the ILO, it has not ratified the convention. The court's proceedings involved submissions from 18 states and five international entities, the majority of whom advocated for the recognition of the right to strike.

關於此意見的體制影響，第 87 號公約已獲 158 個國家批准，並被納入 OECD 及多項國際貿易協定的監管框架。儘管美國為 ILO 成員，但尚未批准該公約。法院程序涉及 18 個國家與 5 個國際實體的陳述，其中大多數支持承認罷工權。

Notwithstanding the affirmation of the right, the ICJ maintained a narrow judicial scope. President Yuji Iwasawa specified that the opinion does not establish the precise parameters, conditions, or limitations governing the exercise of this right. Consequently, while the opinion lacks legally binding force, its authoritative nature is expected to influence national judiciaries and the formulation of global labor standards.

儘管確認了此項權利，但 ICJ 仍維持較窄的司法範圍。院長岩澤悠司 (Yuji Iwasawa) 明確表示，此意見並未設定行使該權利的精確參數、條件或限制。因此，雖然此意見不具法律約束力，但其權威性質預計將影響各國司法機關及全球勞工標準的制定。

Conclusion

The ICJ has clarified that the right to strike is an inherent component of freedom of association, providing a significant legal precedent for international labor regulations.

ICJ 已澄清罷工權是結社自由的固有組成部分，為國際勞工法規提供了重要的法律先例。

Vocabulary Learning

The Architecture of Legal Nuance: Transitioning from B2 'General' to C2 'Precise'

To ascend to C2, a student must move beyond meaning and master implication. The provided text is a goldmine for studying Hedge-and-Hammer Linguistics—the art of asserting a powerful legal truth while simultaneously limiting its scope to avoid overreach.

◈ The Semantic Pivot: 'Implicitly Encompassed'

B2 students often use 'included' or 'part of'. C2 mastery requires the precision of "implicitly encompassed."

  • Analysis: The word implicitly signals that the right is not written (explicit), but logically necessary. Encompassed suggests a boundary or a sphere of protection. Together, they create a 'judicial bridge' between a silent text and a loud reality.

◈ Syntactic Sophistication: The 'Notwithstanding' Clause

Observe the transition: "Notwithstanding the affirmation of the right, the ICJ maintained a narrow judicial scope."

Instead of the B2 "Although they affirmed the right, they kept the scope narrow," the author uses Notwithstanding as a prepositional head. This shifts the weight of the sentence, placing the 'concession' (the affirmation) in a subordinate position to emphasize the 'limitation' (the narrow scope). This is a hallmark of high-level academic and legal English: Priority through Syntax.

◈ Lexical Precision in Power Dynamics

Compare these three descriptors used in the text:

  1. Persistent divergence: Not just a 'disagreement,' but a gap that has lasted over time.
  2. Authoritative nature: Not 'powerful' or 'important,' but possessing the quality of a recognized source of truth.
  3. Regulatory frameworks: Not 'rules,' but the entire structured system encompassing those rules.

C2 Strategy: Stop using adjectives that describe emotion (e.g., big, strong, important) and start using adjectives that describe function (e.g., persistent, authoritative, integrated). This transforms your writing from a narrative into an analysis.

Vocabulary Learning

advisory
Advice or guidance offered by an authority.
Example:The court issued an advisory opinion on the matter.
persistent
Continuing firmly or obstinately; not giving up.
Example:The case involved a persistent divergence of interpretation.
divergence
A difference or separation from a common point.
Example:There was a divergence in how the parties understood the treaty.
interpretation
The act of explaining the meaning of something.
Example:The dispute centered on the interpretation of the convention.
explicitly
In a clear, detailed, and unambiguous manner.
Example:The text does not explicitly mention strikes.
implicitly
Implied or understood without being directly stated.
Example:Such actions are implicitly encompassed within the guarantee.
encompassed
Included or surrounded within a boundary.
Example:The guarantee encompassed a range of workers' rights.
guarantee
A promise that something will happen or be true.
Example:The treaty provides a guarantee of freedom of association.
collective
Done by all members of a group together.
Example:Collective walkouts were cited as a form of protest.
walkouts
The act of leaving a workplace as a protest.
Example:Walkouts were used to demand better labor conditions.
constitute
Form or make up; form the essential part.
Example:Walkouts constitute a primary instrument for advancement.
instrument
A tool used to achieve a particular purpose.
Example:The court viewed collective walkouts as an instrument.
advancement
The process of moving forward or improving.
Example:The instrument aids the advancement of labor conditions.
defense
Protection or support against attack or criticism.
Example:The defense of member interests was highlighted.
aligning
Adjusting or arranging so that elements correspond.
Example:The actions are aligning with the treaty's objectives.
fundamental
Basic or essential; forming a foundation.
Example:The court referenced the treaty's fundamental principles.
institutional
Relating to an organization or institution.
Example:The opinion extends the institutional reach of the treaty.
ratified
Formally approved or confirmed by an official body.
Example:Convention 87 has been ratified by 158 nations.
integrated
Combined or incorporated into a whole.
Example:The convention is integrated into regulatory frameworks.
regulatory
Relating to rules or laws that control behavior.
Example:Regulatory frameworks guide international trade accords.
frameworks
Structures of principles or rules that guide actions.
Example:The OECD's frameworks support global labor standards.
accords
Agreements or treaties between parties.
Example:Various international trade accords were referenced.
membership
The state of belonging to a group or organization.
Example:The United States maintains membership in the ILO.
advocated
Publicly recommended or supported.
Example:The majority advocated for recognition of the right to strike.
notwithstanding
In spite of; despite.
Example:Notwithstanding the affirmation, the scope remained narrow.
affirmation
A statement of confirmation or approval.
Example:The court's affirmation reinforced the right to strike.
narrow
Limited in scope or extent.
Example:The court maintained a narrow judicial scope.
precise
Exact, accurate, or clearly defined.
Example:The opinion did not establish precise parameters.
parameters
Limits or boundaries that define a situation.
Example:The parameters for exercising the right were not set.
conditions
Situations or requirements that must be met.
Example:Conditions for the right to strike were not specified.
limitations
Restrictions or constraints that reduce scope.
Example:The opinion noted limitations on the right's exercise.
legally
In accordance with the law.
Example:The opinion lacks legally binding force.
binding
Legally enforceable or obligatory.
Example:The ruling was not binding on national courts.
authoritative
Having legitimate power or knowledge.
Example:The opinion's authoritative nature influenced judiciaries.
influence
To have an effect on the behavior or opinions of.
Example:Its influence on global labor standards was expected.
judiciaries
Courts or judicial systems.
Example:National judiciaries may consider the precedent.
formulation
The act of creating or devising.
Example:The formulation of new labor standards was underway.
global
Relating to the whole world.
Example:Global labor standards are being shaped by the opinion.
standards
Accepted norms or criteria.
Example:The court's decision set new labor standards.
clarified
Made clear or easier to understand.
Example:The court clarified that the right is inherent.
inherent
Existing in something as a natural part.
Example:The right to strike is an inherent component of association.
component
A part or element of a larger whole.
Example:Freedom of association includes the right to strike as a component.
significant
Important or noteworthy.
Example:The ruling provides a significant precedent for labor law.
precedent
An earlier event that serves as a model.
Example:The decision sets a legal precedent for future cases.
regulations
Rules or directives issued by authorities.
Example:International labor regulations now reflect the court's opinion.
Practice C2 words in a crossword→