The Right to Secondary Industrial Action Under the ECHR and International Human Rights Law
(2014) 1 Journal of International and Comparative Law, Forthcoming
11 Pages Posted: 31 May 2014
Date Written: May 30, 2014
Two aspects of Strasbourg’s decision in this case are significant and worthy of a detailed comment: First, this is the first time the Court had to determine whether secondary industrial action is in fact covered by Article 11(1) ECHR; and secondly, it scrutinized other instruments of international law dealing with this question and also relied on elements of comparative law in deciding the case. The second aspect deserves greater attention, given the nature of this journal. This case comment will examine how the Court utilized other sources of international and national law in order to answer the question whether secondary industrial action falls within the scope of Article 11(1) ECHR.
Keywords: ECHR, secondary strike action, systematic interpretation, Article 31(3)(c) VCLT
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