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Reposted by Holly Cullen

Dave Jones @cleanpowerdave.bsky.social · 1d

NEW: GLOBAL RENEWABLES OVERTAKES COAL

How the heck did that happen so quickly?!...🧵

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Reposted by Holly Cullen

Al Jazeera English @aljazeera.com · 22h

Claimants say government used data to track and target activists in the wake of 2021 coup.

Myanmar activists to sue Norway’s Telenor for handing data to military

Claimants say government used data to track and target activists in the wake of 2021 coup.

bit.ly

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Reposted by Holly Cullen

Rhianna Pratchett @rhi.bsky.social · 22h

In Discworld, cities thrive because they welcome dwarfs, trolls, vampires, and humans alike. Ankh-Morpork works because everyone belongs. Funny how fiction can seem more humane than policy sometimes.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

This morning's headlines are: Brazil makes an argument focused on the right to strike as a human right; Indonesia argues that the ICJ should decline to issue an advisory opinion on the question submitted by the ILO.

Holly Cullen @hollycullenfreo.bsky.social · 1d

I will probably not cover the afternoon pleadings - it becomes a very long workday for someone in my time zone.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

End of morning proceedings. Back at 3pm Central European Time. Afternoon will include Egypt's submissions. No word on whether or when Iraq, which was also on this morning's list, will appear.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Sees silence of C87 on right to strike as excluding the right.
But most of the pleading is on why the ICJ should decline to answer the question asked by the ILO.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

AO would be contrary to tripartite dispute resolution within ILO, where social dialogue is key, and a democratic element. AO could have effect of limiting future dialogue.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Binding character of AO on ILO and its constituent states: see Art 37(2) ILO Const. ILO has always treated PCIJ decisions as binding and integrated them into practice.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

This is not just a legal question, but is an ideological dispute ongoing within the ILO, court should see the bigger picture. Appropriate method of resolving dispute is to leave it to the ILO to negotiate the matter.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Wants ICJ to exercise discretion not to answer the question. One, relates to current dispute within ILO; two, binding nature of AOs on ILO (hmmm, Australia thinks otherwise) ; three, answering question would undermine ILO tripartitism.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

We are moving on swiftly. Now to Indonesia. Indonesia seeks to balance the interests of workers, employers and states parties to C87. Wants the court to take a broader view, go beyond technical legal scope of question.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Notes that ECJ and ECtHR have seen C87 as including the right to strike.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

I'm not making many notes here because a lot of the Spanish argument, while very well made, covers similar ground to pleadings we heard yesterday (whereas Brazil made some new arguments in the area of human rights).

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Second Spanish speaker turns to subsequent practice. ILO Conventions are intended to be interpreted by supervisory bodies according to role under ILO Constitution. Also examines action leading up to adoption of C87.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Spain notes that its own courts have interpreted freedom of association as including right to strike.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Note that the rota of states appearing has changed from last week's announcement. This morning is Brazil, Spain, Indonesia rather than Brazil, Egypt, Spain.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Art 31 criteria most relevant here: object and purpose; subsequent practice; relevant applicable rules of international law; (sorry missed the fourth one - will pick it up later).

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Now Spain. Question is focused, does not include scope of right to strike. Question is one of treaty interpretation. C87 is silent but ILO supervisory bodies and other international bodies have interpreted as including right to strike.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Court should take into account practice of ILO supervisory bodies as subsequent practice confirming meaning that right to strike is included.
Brazil knows that brevity is the soul of wit and stops there.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Without the right to strike, the right to unionise is 'hollowed out'. Art. 8 on regulation includes protection of right to strike in Brazil's view. Any interpretation of C87 excluding right to strike would be incompatible with object and purpose.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Now on to VCLT. Yes, Art 31 VCLT, but must recognise particular features of human rights treaties, including effectiveness. Must understand the right broadly, all measures necessary to achieve workers' rights. Strikes are collective action, must be understood as such.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Right to strike is therefore necessary to ensure all rights of workers. Any proper interpretation of C87, must recognise this interconnectedness.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

And Inter American Convention. Inter American Court has recognised right to strike implied by freedom of association. Legally protected right to strike is necessary for equality of bargaining power between workers and employers, ensuring equitable participation of workers.

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Holly Cullen @hollycullenfreo.bsky.social · 1d

Brazil notes that it was a founding member of the ILO. Briefly argues that the court has jurisdiction and should not exercise discretion not to answer. Argues that this is a human rights issue, with basis in Arts 20 & 23 UDHR, and applicable provisions of the American Declaration ...

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