Mullally, Siobhan and Murphy, Cliodhna
(2016)
Double Jeopardy: Domestic Workers in Diplomatic
Households and Jurisdictional Immunities.
American Journal of Comparative Law, 64 (3).
pp. 677-720.
ISSN 0002-919X
Abstract
The scope of diplomatic immunity and rights claims by domestic
workers in diplomatic households have been the subject of a series of
cases in U.S. and U.K. courts in recent years. Parallel to these cases
is a related but distinct body of case law on the immunities of states
and possible exceptions to immunity claims that arise 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. This Article examines
the evolving laws of diplomatic and state immunity as they apply to
the employment of domestic workers, with particular reference to the
evolving case law in the United Kingdom and the United States. 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 go 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 pose significant difficulties for domestic workers who seek
effective remedies for their claims.
| Item Type: |
Article
|
| Keywords: |
Double Jeopardy; Domestic Workers; Diplomatic
Households; Jurisdictional Immunities; |
| Academic Unit: |
Faculty of Social Sciences > Law |
| Item ID: |
12261 |
| Identification Number: |
https://doi.org/10.2139/ssrn.2614561 |
| Depositing User: |
Cliodhna Murphy
|
| Date Deposited: |
23 Jan 2020 17:21 |
| Journal or Publication Title: |
American Journal of Comparative Law |
| Publisher: |
Oxford University Press |
| Refereed: |
Yes |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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