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International Law Immunities and Employment Claims Pierfrancesco Rossi (University of Teramo, Italy)

International Law Immunities and Employment Claims By Pierfrancesco Rossi (University of Teramo, Italy)

International Law Immunities and Employment Claims by Pierfrancesco Rossi (University of Teramo, Italy)

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International Law Immunities and Employment Claims Summary

International Law Immunities and Employment Claims: A Critical Appraisal by Pierfrancesco Rossi (University of Teramo, Italy)

This book provides the first comprehensive analysis of the international law regime of jurisdictional immunities in employment matters. Three main arguments lie at its heart. Firstly, this study challenges the widely held belief that international immunity law requires staff disputes to be subject to blanket or quasi-absolute immunity from jurisdiction. Secondly, it argues that it is possible to identify well-defined standards of limited immunity to be applied in the context of employment litigation against foreign states, international organizations and diplomatic and consular agents. Thirdly, it maintains that the interaction between the applicable immunity rules and international human rights law gives rise to a legal regime that can provide adequate protection to the rights of employees. A much-needed study into an under-researched field of international and employment law.

International Law Immunities and Employment Claims Reviews

This work is a much-needed study in a little-researched field of international, labor and human rights law It is a far-reaching and in-depth investigation, with a detailed reflective analysis I encourage its reading and discussion, with the understanding that this will enrich the debate and stimulate the development of new works on the subject. -- Ricardo Arredondo, University of Buenos Aires * Revista Electronica Cordobesa de Derecho Internacional Publico, (Bloomsbury translation) *
The book is a timely contribution to an ongoing debate as to the scope and operation of immunities from civil jurisdiction. It contains a wealth of information on this current and lively issue, which occupies practitioners on a near daily basis Pierfrancesco Rossi outlines clear paths and leads, rooted in international human rights law, to harmonize and develop a consistent legal regime. -- Fanny Schaus * International Organizations Law Review *
It is safe to state that [International Law Immunities and Employment Claims: A Critical Appraisal] is very wide-ranging, as it not only formulates a rigorous first comprehensive analysis of the international law regime of jurisdictional immunities in employment matters and identifies a persuasive method capable of providing adequate protection for employees rights, but also offers a useful perspective for approaching the complexities that international law immunities pose in all areas where they may be recognised. -- Giorgia Berrino * Italian Yearbook of International Law *

About Pierfrancesco Rossi (University of Teramo, Italy)

Pierfrancesco Rossi is Assistant Professor of International Law at the University of Teramo, Italy.

Table of Contents

1. Introduction 2. The International Law Immunities from Civil Jurisdiction An Overview I. Introduction II. Basic Concepts: Immunities, Jurisdiction and Substantive Law III. The Functional Rationale of the International Law Immunities from Civil Jurisdiction IV. Scope of State Immunity A. The Sources of the Law of State Immunity B. The Problematic Distinction between Acta Jure Imperii and Acta Jure Gestionis V. Scope of International Organisation Immunity A. The Sources of the Law of International Organisation Immunity B. The Variety of Standards of International Organisation Immunity VI. Scope of Diplomatic and Consular Immunity VII. Conclusions 3. The Undue Persistence of Absolute Immunity in Employment Litigation I. Introduction II. Alleged Lack of Subject-Matter Jurisdiction of the Territorial State A. Exclusive Jurisdiction of Foreign States and International Organisations B. Exclusive Competence of International Organisations Internal Remedies III. Absolute Immunity Based on Functionalist Policy Arguments IV. Absolute Immunity Based on the Public Nature of Employment V. Absolute Immunity Based on the Official Nature of Employment A. Employment as an Official Act of Diplomatic and Consular Agents B. Employment as an Official Act of International Organisations VI. Persistence of Absolute Immunity under Express Treaty Provisions VII. Conclusions: The Need for Limited Immunity Standards in Employment Litigation 4. Restrictive State Immunity Standards in Employment Matters I. Introduction II. The Emergence of Employment-Specific Approaches to Restrictive State Immunity III. Approaches Based on the Nature of the Workplace A. The Workplace Test in Immunity Instruments and Judicial Practice B. Drawbacks of the Workplace Test and its Declining Relevance IV. Approaches Based on the Status and Functions of the Employee A. The Diffusion of the Status and Functions Test in State Practice B. The Varied Outcomes of the Status and Functions Test C. The Status and Functions Test under the UN Convention on State Immunity V. Approaches Based on the Nationality and Residence of the Employee VI. Approaches Based on the Subject Matter of the Claim A. The Distinction between Monetary and Non-monetary Claims B. The Subject-Matter Test under the UN Convention on State Immunity VII. Approaches Based on Forum Selection Clauses in the Employment Contract VIII. Restrictive State Immunity in Employment Matters under Customary International Law IX. Conclusions 5. Limited Immunity Standards for Employers Other than the State I. Introduction II. Limited Standards of International Organisation Immunity in Employment Matters III. Limited Standards of Diplomatic and Consular Immunity in Employment Matters A. Distinguishing Official and Non-official Employment of Staff B. Employment as a Commercial Activity not Subject to Diplomatic Immunity IV. Conclusions 6. Reconciling Immunities and the Employees Right of Access to Justice I. Introduction II. Approaches Deferring to International Obligations to Grant Immunity to Employers III. Approaches Requiring the Availability to Employees of Alternative Means of Redress A. The Diffusion of the Alternative Remedies Test in Judicial Practice B. The Requirement of Availability of the Alternative Remedy C. The Requirement of Effectiveness of the Alternative Remedy IV. The Risk of Remedy Gaps and the Need for a Consistent Approach V. Conclusions 7. Conclusions I. Argument No 1: Absolute Employer Immunity Is an Unfounded Legal Myth II. Argument No 2: Well-Defined Standards of Limited Employer Immunity Can Be Identified III. Argument No 3: The Equivalent Protection Test Should Apply to All Employer Immunities IV. The Way Forward: Human Rights Law as an Agent of Coherence

Additional information

NPB9781509953011
9781509953011
1509953019
International Law Immunities and Employment Claims: A Critical Appraisal by Pierfrancesco Rossi (University of Teramo, Italy)
Pierfrancesco Rossi (University of Teramo, Italy)
New
Paperback
Bloomsbury Publishing PLC
2023-06-15
296
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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