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 language | English |
|---|---|
| Pages (from-to) | 745-767 |
| Number of pages | 23 |
| Journal | EUROPEAN JOURNAL OF INTERNATIONAL LAW |
| Volume | 27 |
| Issue number | 3 |
| Early online date | 31 Aug 2016 |
| DOIs | |
| Publication status | Published - 5 Oct 2016 |
Keywords
- Immunities
- Diplomats
- Embassy
- International Organisations
- Human Rights
- Employment
