Reposted by Julius Nippert
The ICJ found a right to strike in a Treaty that never mentions one by relying on other treaties via Art. 31 VCLT. S. Geiersbach & @juliusnpprt.bsky.social ask if the Court's "common understanding" test is common enough and show where its reasoning on State silence and the "relevant rule" runs thin.
voelkerrechtsblog.org
(Un)Common Understandings
