Resumen de State Immunity from Civil Jurisdiction in Labor Disputes: Evolution in International and National Law and Practice

Michele Nino

• 1. Introduction. - 2. The International Norm Regarding Foreign State Immunity from Civil Jurisdiction. - 3. Treaty Law Concerning State Immunity from Civil Jurisdiction. - 3.1. The 1972 European Convention on State Immunity. - 3.2. The 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property. - 3.2.1. The Exceptions to State Immunity Provided for by the UN Convention Concerning Labor Contracts. - 4. European Court of Human Rights' Case- Law on State Immunity in Employment-Relationship Matters. - 4.1. The Acceptance of the Doctrine of Restrictive Immunity and the Attempt to Identify Criteria in Relation to State Immunity from Civil Jurisdiction in Labor Disputes. - 5. The Rule on State Immunity from Civil Jurisdiction in Labor Disputes in National Legal Systems:

  The Distinctions between Civil Law States and Common Law States. - 6. The Recent Approach of EU Case-Law Concerning State Immunity from Civil Jurisdiction in Labor Matters. - 6.1. The EU Court of Justice's Decision in the Mahamdia Case Concerning the Relationship between the International Norm on State Immunity and Community Law on Jurisdiction. - 6.1.1. Intraduction. - 6.1.2. The Facts and the Questions Referred for a Prelirninary Ruling. - 6.1.3. Regulation No 44/2001 and the Principle of the Protection for the Weaker Contracting Party in the Regulation of Labor Contracts. - 6.1.4. The Identification of the Embassy, as "Branch, Agency or other Establishment" ex Art. 18 of Regulation No 44/2001. - 6.1.5. The Aim of the Agreement on Jurisdiction ex Art. 21 of Regulation No 44/2001: The Expansion of the Possibility of the Worker Choosing Which Court Should Have Jurisdiction in Labor Disputes. - 6.1.6. The Peculiarity of EU Law Concerning the Solutions Relating State Immunity and the Continuing Importance of the Criterion of the Distinction between Acta Jure Imperii and Acta Jure Gestionis. - 7. Conclusions and Perspectives on the International Norm on State Immunity from Civil Jurisdiction in Labor Disputes.