The Restrictive Immunity Doctrine and Employment Claims: Recent Trends in the Face of Competing Interests

Author:Yasir Gokce
Pages:497-498
SUMMARY

Absolute immunity means that a State cannot exercise legislative, judicial or executive powers over another State due to the mere fact that the latter is sovereign. Today, it is rejected by a considerable number of States which represent various legal systems. States argue that private acts of a State performed jure gestionis, apart from the conducts performed jure impreii, are justiciable. It... (see full summary)

 
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Restrictive Immunity & Employment Claim 497
IX JEAIL 2 (2016)
Yasir Gökçe
Absolute immunity means that a State cannot exercise legislative, judicial or
executive powers over another State due to the mere fact that the latter is sovereign.
Today, it is rejected by a considerable number of States which represent various legal
systems. States argue that private acts of a State performed jure gestionis, apart
from the conducts performed jure impreii, are justiciable. It can be asserted that the
current State practice embracing the restrictive approach is the direction in which
international law has been evolving. That said, States interests which led to the
adoption of State immunity still continue to induce legislative bodies and courts to
be cautious in formulating a broad exception to immunity for employment contracts,
causing them to refocus on the question of whether the employment relationship is
destined for governmental, public, or sovereign purposes.
Keywords
Sovereign Immunity, Absolute Immunity, Restrictive Doctrine, Customary
International Law, Exceptions to State Immunity, Employment Contracts.
The Restrictive Immunity
Doctrine and Employment
Claims: Recent Trends in the
Face of Competing Interests
Former Diplomat at the Ministry of Foreign Affairs of the Republic of Turkey; John F. Kennedy School of Government
of Harvard University. LL.B. (Bilkent Univ.), LL.M. (Ankara Univ.), M.P.A. (Harvard). ORCID: http://orcid.org/0000-
0001-5329-4178. The author may be contacted at: gokceyasir@gmail.com; yasir_gokce@hks16.harvard.edu / Address:
Fatih Mah. Sereflikochisar cad. No.79, Ortakoy Aksaray 68400 Turkey
DOI: http://dx.doi.org/10.14330/jeail.2016.9.2.10
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