Double Jeopardy: Domestic Workers in Diplomatic Households and Jurisdictional Immunities

44 Pages Posted: 6 Jun 2015 Last revised: 13 Nov 2016

See all articles by Siobhan Mullally

Siobhan Mullally

University College Cork

Clíodhna Murphy

National University of Ireland, Maynooth (NUI Maynooth) - Department of Law

Date Written: June 4, 2016

Abstract

The scope of diplomatic immunity and the claims by domestic workers in diplomatic households have been the subject of a series of cases in the US and UK courts in recent years. Parallel to these developments is a related but distinct body of case-law on the immunities of states, and possible exceptions that may arise to immunity claims in the sphere of employment relations. Against this background, international law on state and diplomatic immunities has become increasingly fragmented and uncertain in its scope and application.

The picture that emerges is a fragmented one, suggesting continuing uncertainty on the part of courts and tribunals when faced with immunity claims. This fragmentation and, at times, dissonance, goes to the heart of competing views of the purpose of international law and its declared values. The case-law and evolving human rights norms examined here reveal a willingness to question the scope and purpose of immunity claims. What remains, however, is a tangled web of state and diplomatic immunity laws with limited and often highly contested exceptions that continue to pose significant difficulties for domestic workers seeing effective remedies.

Keywords: immigration, migration, servitude, state immunity, diplomatic immunity, domestic workers, trafficking, forced labour

Suggested Citation

Mullally, Siobhan and Murphy, Clíodhna, Double Jeopardy: Domestic Workers in Diplomatic Households and Jurisdictional Immunities (June 4, 2016). American Journal of Comparative Law (2016). Available at SSRN: https://ssrn.com/abstract=2614561 or http://dx.doi.org/10.2139/ssrn.2614561

Siobhan Mullally (Contact Author)

University College Cork ( email )

5 Bloomfield Terrace Western Road
Cork
Ireland

HOME PAGE: http://www.ucc.ie/en/lawsite/staff/smullally/

Clíodhna Murphy

National University of Ireland, Maynooth (NUI Maynooth) - Department of Law ( email )

Maynooth, County Kildare
Ireland

Register to save articles to
your library

Register

Paper statistics

Downloads
100
rank
260,425
Abstract Views
806
PlumX Metrics
!

Under construction: SSRN citations while be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information