The Right to Strike Reimagined

Author: Jeffrey Vogt; Judy Fudge
Publisher: Hart Publishing
ISBN: 9781509979165
Published In: April 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This open access book speaks to the potential of a reimagined and revitalised right to strike.

This right, as it has been conceptualised and regulated in the 20th century, remains insufficient to guarantee the strike's collective potential in the 21st, in the face of serious and growing threats in the workplace, in society, and for life on this planet. The contributing authors, who are experts in labour law across the globe, identify specific legal and practical obstacles that undermine the exercise of the right to strike. They argue for conceptual and/or regulatory reforms to restore the ability of workers and communities to employ the right to strike according to its original aims - democratisation (in the workplace and society), redistribution (of resources and power), and collective liberation.

The book explores how broadening the understanding of the term 'worker' can challenge assumptions about who has the right to strike. The chapters also offer a vision of how sectoral and secondary action could address injustices in global supply chains. The legitimate aims of collective action are further explored in the context of the climate crisis.

The book will be a vital reference to labour law scholars and practitioners, industrial relations specialists, and policy makers. At a time when increasing restrictions are being placed on civil liberties and industrial action in many countries, this book offers an important corrective.

1. Introduction: The Need for Imagination, Jeffrey Vogt (Solidarity Center, USA), Tonia Novitz (University of Bristol, UK) and Judy Fudge (McMaster University, Canada)

2. Justifications for a Contemporary Right to Strike, Katherine Fitzpatrick and Tonia Novitz (University of Bristol, UK) with Femi Aborisade (Abope Chambers, Nigeria) and Christian Gonzalez Chacon (Georgetown University, USA)

3. Access to the Right to Strike through the Employment Relationship and its Problems, Nicola Countouris (University College London, UK) and Ricardo Buendia Esteban (University of Manchester, UK)

4. Expanding the Right to Strike to Include Informal and Precarious Workers, Aelim Yun (Institute of Workers' Rights, Korea) with Monika Mehta (Solidarity Center, USA), Kamala Sankaran (National Law School of India University, India) and Marlese von Broembsen (University of the Western Cape, South Africa)

5. The Scope for Altruism: Solidarity Action, Judy Fudge (McMaster University, Canada) with Femi Aborisade (Abope Chambers, Nigeria), Sergio Gamonal C. (Universidad Adolfo Ibanez, Chile), Christian Gonzalez Chacon (Georgetown University, USA) and Eric Tucker (Osgoode Hall Law School, Canada)

6. Transnational Concerns: Supply Chains and Trade, Judy Fudge (McMaster University, Canada) with Femi Aborisade (Abope Chambers, Nigeria), June Namgoong (Korean Labour Institute, Korea), Kamala Sankaran (National Law School of India University, India), Hila Shamir (Tel-Aviv University Faculty of Law, Israel) and Marlese von Broembsen (University of the Western Cape, South Africa)

7. Democratic Aims and the Right to Strike as Protest, Tonia Novitz and Katherine Fitzpatrick (University of Bristol, UK) with Femi Aborisade (Abope Chambers, Nigeria), Sergio Gamonal C. (Universidad Adolfo Ibanez, Chile) and Christian Gonzalez Chacon (Georgetown University, USA)

8. Recognising Environmental Objectives for Industrial Action, Jeffrey Vogt (Solidarity Center, USA) with Ruwan Subasinghe (International Transport Workers Federation, UK)

9. The Scope of Legitimate Exceptions: Which Harms Should Act as Constraints, Why and How?, Tonia Novitz and Katherine Fitzpatrick (University of Bristol, UK) with Femi Aborisade (Abope Chambers, Nigeria), Christian Gonzalez Chacon (Georgetown University, USA) and Shae McCrystal (University of Sydney Law School, Australia)

10. Strategic Litigation and Political Lobbying: Antidotes to Declining Worker Power? Manoj Dias-Abey (University of Bristol, UK) and Anthony Forsyth (Australian Council of Trade Unions, Australia) with Femi Aborisade (Abope Chambers, Nigeria) and Sergio Gamonal C. (Universidad Adolfo Ibanez, Chile)

11. The Global Role of the International Labor Organization: What Future for a Reimagined Right to Strike?, Jeffrey Vogt (Solidarity Center, USA) with James Brudney (Fordham University School of Law, USA)

12. Conclusions and Recommendations, Jeffrey Vogt (Solidarity Center, USA), Tonia Novitz (University of Bristol, UK) and Judy Fudge (McMaster University, Canada)