Precarious Employment? Varying Approaches to Foreign Sovereign Immunity in Labor Disputes

(2017) 51(1) The International Lawyer, 25-46

U of Melbourne Legal Studies Research Paper No. 784

20 Pages Posted: 6 Jun 2018 Last revised: 19 Jul 2018

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Date Written: June 6, 2018

Abstract

This article considers the United States law on foreign sovereign immunity in employment disputes, particularly in cases involving persons employed by foreign states in embassies and consulates. While no consistent approach to the granting of immunity can be discerned from the court decisions, the author suggests that an analysis that focuses on the employee’s role and responsibilities is the preferable model. Such an approach enables the interest of the foreign state in protecting its sovereignty and security and that of the employee in obtaining redress for its grievances to be properly balanced and accommodated.

Keywords: foreign state, sovereign immunity, employment disputes

JEL Classification: K00, K31

Suggested Citation

Garnett, Richard, Precarious Employment? Varying Approaches to Foreign Sovereign Immunity in Labor Disputes (June 6, 2018). (2017) 51(1) The International Lawyer, 25-46, U of Melbourne Legal Studies Research Paper No. 784, Available at SSRN: https://ssrn.com/abstract=3191705

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
36
Abstract Views
297
PlumX Metrics