In holding that the right to strike is protected under ILO Convention No. 87, the ICJ’s advisory opinion at first glance seems to finally settle the long-running dispute within the ILO on this matter. Yet, on closer inspection, further questions arise. Did the ICJ resolve the dispute, or simply move the goalposts? And does the ICJ’s interpretation of this particular ILO Convention provide new insights into treaty interpretation methodology?
Professor Marius Emberland (BI Norwegian Business School) will comment on the methodological aspects of the advisory opinion, notably the ICJ’s approach to the practice of treaty bodies.
Professor emeritus Stein Evju (University of Oslo) will comment on the ICJ’s substantive conclusion. While the ICJ confirmed the existence of the right, it did not define its scope, content, or the conditions for its exercise. What does such a mere recognition of the right imply?
After their introductory remarks, there will be an open discussion, moderated by professor Stian Øby Johansen (University of Oslo).