Paul Clark of Garden Court Chambers was instructed by Business AFRICA (BA) to represent the position of the African Employers Group before the International Court of Justice (ICJ).
Between 6 to 8 October 2025, the International Court of Justice (ICJ) heard from 18 States and 5 international organisations in landmark advisory opinion proceedings on an important question of treaty interpretation.
The request for an advisory opinion arises out of the International Labour Organisation (ILO), which has sought the Court’s guidance as to whether Convention 87 of the ILO – on the freedom of association and the right to organise – protects the right to strike. This is the first request for an advisory opinion by the ILO since its request in 1932, made to the Permanent Court of International Justice.
The ILO has a unique tripartite structure, in which workers, employers and governments meet together, on an equal footing, to decide upon international labour standards.
Paul Clark was instructed by Business AFRICA (BA) to represent the position of the African Employers Group before the ICJ. BA recognises a right to strike, including at national and regional levels, but disputes that Convention 87 had ever been intended to regulate it, and highlights the impact upon socio-economic development in Africa of deciding otherwise.
Paul presented oral submissions on behalf of BA before the Court on the final morning of the hearing. Paul’s submissions can be viewed here.
Watch Paul below:
Further information about the proceedings and the written submissions of the participating States and other international organisations can be found on the ICJ website.
