دانلود کتاب International Law Immunities and Employment Claims: A Critical Appraisal

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Acknowledgements\nTable of Contents\nTable of Cases\nTable of Instruments\n1. Introduction\n2. The International Law Immunities from Civil Jurisdiction –\rAn Overview\n I. Introduction\n II. Basic Concepts: Immunities, Jurisdiction and Substantive Law\n III. The Functional Rationale of the International Law Immunities from Civil Jurisdiction\n IV. Scope of State Immunity\n V. Scope of International Organisation Immunity\n VI. Scope of Diplomatic and Consular Immunity\n VII. Conclusions\n3. The Undue Persistence of Absolute Immunity in Employment\rLitigation\n I. Introduction\n II. Alleged Lack of Subject-Matter Jurisdiction of the Territorial State\n III. Absolute Immunity Based on Functionalist Policy Arguments\n IV. Absolute Immunity Based on the Public Nature of Employment\n V. Absolute Immunity Based on the Official Nature of Employment\n VI. Persistence of Absolute Immunity under Express Treaty Provisions\n VII. Conclusions: The Need for Limited Immunity Standards in Employment Litigation\n4. Restrictive State Immunity Standards in Employment Matters\n I. Introduction\n II. The Emergence of Employment-Specific Approaches to Restrictive State Immunity\n III. Approaches Based on the Nature of the Workplace\n IV. Approaches Based on the Status and Functions of the Employee\n V. Approaches Based on the Nationality and Residence of the Employee\n VI. Approaches Based on the Subject Matter of the Claim\n VII. Approaches Based on Forum Selection Clauses in the Employment Contract\n VIII. Restrictive State Immunity in Employment Matters under Customary International Law\n IX. Conclusions\n5. Limited Immunity Standards for Employers Other than the State\n I. Introduction\n II. Limited Standards of International Organisation Immunity in Employment Matters\n III. Limited Standards of Diplomatic and Consular Immunity in Employment Matters\n IV. Conclusions\n6. Reconciling Immunities and the Employees’ Right of Access\rto Justice\n I. Introduction\n II. Approaches Deferring to International Obligations to Grant Immunity to Employers\n III. Approaches Requiring the Availability to Employees of Alternative Means of Redress\n IV. The Risk of Remedy Gaps and the Need for a Consistent Approach\n V. Conclusions\n7. Conclusions\n I. Argument No 1: Absolute Employer Immunity Is an Unfounded Legal Myth\n II. Argument No 2: Well-Defined Standards of Limited Employer Immunity Can Be Identified\n III. Argument No 3: The Equivalent Protection Test Should Apply to All Employer Immunities\n IV. The Way Forward: Human Rights Law as an Agent of Coherence\nBibliography\nIndex