The International Court of Justice has just resolved a 14-year dispute over workers’ right to strike – giving trade unions worldwide a significant win.

In a historic decision late last week, the court issued an advisory opinion that the right to strike is protected by a United Nations treaty, the International Labour Organization’s Freedom of Association and Protection of the Right to Organise Convention (also known as convention 87).

The new court decision does not mean we’ll suddenly see outbreaks of strike action all over the world.

However, it does matter right around the world – particularly in 158 countries that have ratified convention 87, including Australia, Canada, Indonesia and the United Kingdom.

A fight triggered by an employers’ ‘strike’

The International Labour Organization (ILO) is unique among the United Nations’ agencies because of its “tripartite” (three part) membership: with representatives from member states, trade unions and employer groups.

In 1948, the ILO adopted convention 87. All the countries that have since formally adopted the convention (a process called “ratification”) committed themselves to protecting freedom of association and the right to organise in their own domestic laws.

The convention made no explicit reference to........

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