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British Consulate-General in Naples v. Toglia

Italy.  15 May 1989 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Consular relations — Immunity — Jurisdictional immunity — National of receiving State employed by consul for secretarial and administrative duties — Contract of employment — Claim for arrears of pay following retirement — Whether consul entitled to immunity from jurisdiction of municipal courts — Vienna Convention on Consular Relations, 1963, Article 43 — Italy-United Kingdom Consular Agreement, 1954 — Acts performed in the exercise of consular functions — Whether nature of employment relationship decisive — Restriction of immunity to cases where actual likelihood of interference with performance of consular functions

Sources of international law — Treaties — European Convention on State Immunity, 1972 — Whether declaratory of existing rules of customary international law — Doctrine of restrictive immunity in relation to contracts of employment with nationals of forum State — Extension by analogy to consular immunity — The law of Italy

Type
Case Report
Copyright
© Cambridge University Press 1995

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