The Right to Strike in International Law
Jeffrey Vogt · Janice Bellace · Lance Compa · K D Ewing · John Hendy QC · Klaus Lörcher · Tonia Novitz
Mar 2020 · Bloomsbury Publishing
Ebook
208
Pages
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About this ebook
This monograph was originally developed as a direct response to the claim made by members of the 'Employers Group' at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of association.
The group's apparent aim was to sow sufficient doubt as to the existence of an internationally protected right so that governments might seek to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. In consequence, some governments have seized on the employers' arguments to justify new limitations on that right.
The Right to Strike in International Law not merely refutes this claim but is the only complete and exhaustive analysis on this subject. Based on deep legal research, it finds that there is simply no credible basis for the claim that the right to strike does not enjoy the protection of international law; indeed, the authors demonstrate that it has attained the status of customary international law.
The group's apparent aim was to sow sufficient doubt as to the existence of an internationally protected right so that governments might seek to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. In consequence, some governments have seized on the employers' arguments to justify new limitations on that right.
The Right to Strike in International Law not merely refutes this claim but is the only complete and exhaustive analysis on this subject. Based on deep legal research, it finds that there is simply no credible basis for the claim that the right to strike does not enjoy the protection of international law; indeed, the authors demonstrate that it has attained the status of customary international law.
About the author
Jeffrey Vogt is Rule of Law Director, Solidarity Center.
Janice Bellace is Samuel A Blank Professor Emeritus of Legal Studies and Business Ethics, University of Pennsylvania, Wharton.
Lance Compa is Senior Lecturer at the School of Industrial and Labor Relations, Cornell University.
K D Ewing is Professor of Public Law at King's College London.
Lord Hendy QC is a barrister at Old Square Chambers, London and Honorary Professor in the Faculty of Law, University College, London.
Klaus Lörcher is former Legal Adviser to the European Trade Union Confederation and former Legal Secretary of the Civil Service Tribunal of the European Union.
Tonia Novitz is Professor of Labour Law at the University of Bristol.
Janice Bellace is Samuel A Blank Professor Emeritus of Legal Studies and Business Ethics, University of Pennsylvania, Wharton.
Lance Compa is Senior Lecturer at the School of Industrial and Labor Relations, Cornell University.
K D Ewing is Professor of Public Law at King's College London.
Lord Hendy QC is a barrister at Old Square Chambers, London and Honorary Professor in the Faculty of Law, University College, London.
Klaus Lörcher is former Legal Adviser to the European Trade Union Confederation and former Legal Secretary of the Civil Service Tribunal of the European Union.
Tonia Novitz is Professor of Labour Law at the University of Bristol.
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