The Immunity of States, Diplomats and International Organizations in Employment Disputes: The New Human Rights Dilemma?

Research output: Contribution to journalArticlepeer-review

13 Citations (Scopus)
317 Downloads (Pure)

Abstract

The door may be closed (for now) on lifting state immunity for human rights violations on the basis of a jus cogens exception, but there is some hope that the commercial activity and employment contract exceptions to immunity might open up possibilities for relief. Holding states, diplomats and international organizations accountable for human rights abuses that occur in an employment context is the ‘new’ human rights dilemma. These abuses range from breach of contract to discrimination, harassment and human trafficking. This article examines the dilemma from the perspectives of principle, practice and policy. It proposes a framework for analysing employment disputes involving claims of immunity and identifies trends and variables in the practice of 20 jurisdictions. It also considers whether requiring a prospective waiver of immunity from embassies and organizations may be a best practice model for states to adopt.
Original languageEnglish
Pages (from-to)745-767
Number of pages23
JournalEUROPEAN JOURNAL OF INTERNATIONAL LAW
Volume27
Issue number3
Early online date31 Aug 2016
DOIs
Publication statusPublished - 5 Oct 2016

Keywords

  • Immunities
  • Diplomats
  • Embassy
  • International Organisations
  • Human Rights
  • Employment

Fingerprint

Dive into the research topics of 'The Immunity of States, Diplomats and International Organizations in Employment Disputes: The New Human Rights Dilemma?'. Together they form a unique fingerprint.

Cite this