JEAIL > Volume 9(2); 2016 > Student Contribution
Research Paper
Published online: November 30, 2016
DOI: http://dx.doi.org/10.14330/jeail.2016.9.2.10

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

Yasir Gökçe
Fatih Mah. Sereflikochisar cad. No.79, Ortakoy Aksaray 68400 Turkey
Corresponding Author: yasir_gokce@hks16.harvard.edu

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract

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

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