The right to strike in international law / Jeffrey Vogt, Janice Bellace, Lance Compa, KD Ewing, Lord Hendy QC, Klaus Lörcher and Tonia Novitz.

"This monograph is 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....

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Bibliographic Details
Main Authors: Vogt, Jeffrey (Author), Bellace, Janice R. (Author), Compa, Lance A. (Author), Ewing, K. D. (Keith D.) (Author), Hendy, John, 1948- (Author), Novitz, Tonia (Author), Lörcher, Klaus (Author)
Format: Book
Language:English
Published: Oxford ; New York : Hart, 2020.
Subjects:
Table of Contents:
  • Understanding the International Labour Organization (ILO)
  • The ill-founded challenge to the right to strike in 2012
  • The ILO committee of experts has a mandate to 'interpret' ILO conventions, not the constituents
  • The rules of interpretation : the Vienna Convention on the Law of Treaties (VCLT)
  • The ordinary meaning of Convention 87 supports the existence of a right to strike
  • The object and purpose of Convention 87 supports the existence of the right to strike
  • The subsequent agreement and practice between the parties concerning Convention 87 supports the existence of a right to strike : ILO jurisprudence
  • The subsequent agreement and practice between the parties concerning Convention 87 supports the existence of a right to strike : beyond the ILO
  • Other methods under Article 31 of the Vienna Convention on the Law of Treaties (VCLT) support the existence of the right to strike
  • Though unwarranted, Article 32 of the Vienna Convention on the Law of Treaties (VCLT) also supports the existence of the right to strike
  • The right to strike is recognised as customary international law
  • Settling the dispute : the International Court of Justice?
  • The aftermath.