Precarious Employment? Varying Approaches to Foreign Sovereign Immunity in Labor Disputes
(2017) 51(1) The International Lawyer, 25-46
20 Pages Posted: 6 Jun 2018 Last revised: 19 Jul 2018
Date Written: June 6, 2018
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: Suggested Citation