Diplomatic Privileges and Immunities: A New Regime is Soon to be Adopted by The United States

1968 ◽  
Vol 62 (1) ◽  
pp. 98-113 ◽  
Author(s):  
Leo J. Harris
Keyword(s):  
United States ◽  
House Of Representatives ◽  
The United States ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
The Future

As soon as the House of Representatives considers and passes the Diplomatic Relations Act of 1967, and the President signs the new Act into law, the United States will proceed to deposit its ratification of the 1961 Vienna Convention on Diplomatic Relations. These two documents will make rather extensive changes in United States law and practice with respect to diplomatic privileges and immunities. It will be the purpose of this article to give a capsule summary of the manner in which the Diplomatic Relations Act may be anticipated to operate in the future, and to indicate the pertinent areas in which the previous United States law and practice will be affected thereby.

Fun v. Pulgar and Albergrin

2019 ◽  
Vol 180 ◽  
pp. 722-727
Keyword(s):  
United States ◽  
The United States ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Commercial Activity ◽  
Domestic Servant ◽  
The Law ◽  
Diplomatic Immunity

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant alleging that she had been trafficked and forced to work by former employers — Certification of diplomatic status of former employers — Whether diplomatic immunity continuing despite subsequent termination of diplomatic status — Whether commercial activity exception applicable to hiring of domestic servant — Whether subsequent attempts at service defective — Whether Court lacking jurisdiction — The law of the United States

Assistance in obtaining Accommodation

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
United States ◽  
United Kingdom ◽  
The United States ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Foreign Missions ◽  
The United Kingdom

This chapter considers Article 21 of the Vienna Convention on Diplomatic Relations which deals with the assistance of the receiving State in giving accommodation to the members of the diplomatic mission of the sending State. The Article states that the receiving State shall either facilitate the acquisition of the premises necessary for its mission or assist members of the mission of the sending State in obtaining accommodation in some other way. Also, under the Article, the receiving State shall assist missions in obtaining suitable accommodation for their members where necessary. In essence, Article 21 ensures that diplomatic mission is not barred from acquiring premises adequate for its purposes in the receiving State. The chapter looks into domestic laws of sovereign States that also regulate the accommodation of foreign diplomats, such as the Foreign Missions Act enacted in the United States and the Diplomatic and Consular Premises Act 1987 in the United Kingdom.

Gonzalez Paredes v. Vila and Nielsen

2019 ◽  
Vol 180 ◽  
pp. 678-688
Keyword(s):  
United States ◽  
Policy Decision ◽  
The United States ◽  
Professional Activity ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Commercial Activity ◽  
Domestic Servant ◽  
Ordinary Meaning ◽  
Diplomatic Immunity

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant against former employers — Certification of diplomatic status of former employers — Exceptions to immunity — Whether employment of domestic servant a commercial activity — Weight to be given to Statement of Interest filed by United States — Whether pursuit of academic studies a professional activity under Vienna Convention — Whether fraud recognized as an exception in Vienna Convention — Whether Court lacking jurisdiction — Whether defendants enjoying diplomatic immunityTreaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Intent of signatories — Ordinary meaning of terms in light of object and purpose — Liberal construction — Recourse to history, negotiations and practical construction adopted by parties if meaning unclear — Whether exceptions in Vienna Convention applicable — Whether defendants enjoying diplomatic immunityComity — Diplomatic relations — Diplomatic immunity enhancing relations among nations — Balancing rights of individual against benefits of diplomatic immunity — Policy decision — Whether appropriate for courts to intervene — Whether Court having jurisdiction — The law of the United States

Sabbithi and Others v. Al Saleh and Another

2019 ◽  
Vol 180 ◽  
pp. 703-713
Keyword(s):  
United States ◽  
The United States ◽  
United States Constitution ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Trafficking Victims Protection Act ◽  
Domestic Servants ◽  
Trafficking Victims ◽  
Diplomatic Immunity ◽  
Jus Cogens

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servants against former employers — Certification of diplomatic status of former employers — Exceptions to immunity — Whether employment of domestic servants a commercial activity — Weight to be given to Statement of Interest filed by United States — Whether plaintiffs’ constitutional slavery claim giving way to diplomatic immunity — Whether defendants’ conduct constituting human trafficking — Whether jus cogens exception to diplomatic immunity — Whether Vienna Convention being overridden by statute — Diplomatic agent leaving post — Residual immunity under Article 39 — Immunity limited to acts performed in exercise of official functions — Whether Court lacking jurisdiction — Whether defendants enjoying diplomatic immunityHuman rights — Prohibition of slavery in United States Constitution — Whether conduct constituting trafficking in human beings — Whether constitutional claim giving way to diplomatic immunity — Whether jus cogens exception to diplomatic immunity — Whether Trafficking Victims Protection Act 2000 overriding Vienna Convention on Diplomatic Relations, 1961 — Whether defendants enjoying diplomatic immunityRelationship of international law and municipal law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — United States Constitution — Whether constitutional claim giving way to diplomatic immunity — Whether jus cogens exception to diplomatic immunity — Whether Trafficking Victims Protection Act 2000 overriding Vienna Convention — Whether Court having jurisdiction — The law of the United States

Silence of the Land: On the Historical Irrelevance of Territory to Congressional Districting and Political Representation in the United States

2001 ◽  
Vol 15 (01) ◽  
pp. 53-87 ◽  
Author(s):  
Andrew Rehfeld
Keyword(s):  
United States ◽  
House Of Representatives ◽  
Political Representation ◽  
The United States ◽  
Representative Government ◽  
Congressional District ◽  
Congressional Districts ◽  
Communities Of Interest

Every ten years, the United States “constructs” itself politically. On a decennial basis, U.S. Congressional districts are quite literally drawn, physically constructing political representation in the House of Representatives on the basis of where one lives. Why does the United States do it this way? What justifies domicile as the sole criteria of constituency construction? These are the questions raised in this article. Contrary to many contemporary understandings of representation at the founding, I argue that there were no principled reasons for using domicile as the method of organizing for political representation. Even in 1787, the Congressional district was expected to be far too large to map onto existing communities of interest. Instead, territory should be understood as forming a habit of mind for the founders, even while it was necessary to achieve other democratic aims of representative government.

Gendered differences in emigration and mobility perspectives among European researchers working abroad

2014 ◽  
Vol 7 (1) ◽  
pp. 33-41 ◽  
Author(s):  
Elisabeth Scheibelhofer
Keyword(s):  
United States ◽  
Qualitative Research ◽  
Qualitative Study ◽  
Social Relations ◽  
The United States ◽  
Research Strategy ◽  
The Future ◽  
Highly Skilled

This paper focuses on gendered mobilities of highly skilled researchers working abroad. It is based on an empirical qualitative study that explored the mobility aspirations of Austrian scientists who were working in the United States at the time they were interviewed. Supported by a case study, the paper demonstrates how a qualitative research strategy including graphic drawings sketched by the interviewed persons can help us gain a better understanding of the gendered importance of social relations for the future mobility aspirations of scientists working abroad.

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