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Edited by: Mark Arnold KC, Simon Mortimore KC
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Lord Denning: Life, Law and Legacy



  


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International Law Immunities and Employment Claims: A Critical Appraisal


ISBN13: 9781509952977
Published: December 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781509953011



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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.

Subjects:
Public International Law
Contents:
1. The International Law Immunities from Civil Jurisdiction – An Overview
2. The Undue Persistence of Absolute Immunity in Employment Litigation
3. Restrictive State Immunity Standards in Employment Matters
4. Limited Immunity Standards for Employers Other than the State
5. Reconciling Immunities with the Employees' Right of Access to Justice
Conclusion
Bibliography