The Right to Strike in International Law

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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 groups 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.

Reviews

There is no doubt that the book under review makes an important contribution to the discussion of whether Article 3 Convention No 87 enshrines a right to strike as such, and will therefore serve in every further discussion on this subject as an important reference. -- Achim Seifert, University of Jena * European Labour Law Journal *
A scholarly legal document which will be of interest to students and practitioners of collective labour law and scholars of decision making in international organizations. At the same time, however, it is written and presented in an accessible way, with the minimum of legalese, making it a useful handbook for trade unionists, industrial relations academics and students and anybody with a wider concern for fairness and equity at work. -- Margaret Prior, University of Plymouth * British Journal of Industrial Relations *

Author Bio

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 Kings College London. Lord Hendy KC is a barrister at Old Square Chambers, London and Honorary Professor in the Faculty of Law, University College, London. Klaus Lrcher 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.