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advisory opinion

diritto internazionale pubblico

Andrea Longo, School of Oriental and African Studies, University of London* On May 21st, 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered its long-awaited Advisory Opinion on State obligations regarding climate change and ocean acidification requested by the Commission on Small Island States on Climate Change

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diritto internazionale pubblico

On 14 November, the International Labour Organization (ILO) requested an advisory opinion from the International Court of Justice (ICJ) on the interpretation of ILO Convention No. 87 with respect to the right to strike (see the ILO’s and the ICJ’s websites).

Beneath its technical formulation (‘Request for Advisory Opinion pursuant to Resolution Adopted by the Governing Body of the International Labour Organization at its 349th bis (Special Session)’), the move represents more than a search for a non-binding interpretation of an international treaty. As will be shown, this request is an urgent demand for solving a dispute between the non-governmental constituents of the ILO, on the right to strike, that is blocking the functioning of the Organization, through a pronouncement which is understood to be binding under ILO law.

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