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Diana A. v. Republic of South Africa

Spain.  01 December 1986 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdictional immunity — Employment dispute — Embassy of foreign State — Foreign national employed as secretary — Dismissal — Action for reinstatement — Whether foreign State entitled to jurisdictional immunity — Distinction between sovereign and non-sovereign activities — European Convention on State Immunity, 1972, Article 5 — Spanish Constitution, Article 24(1) — Whether limiting recourse to jurisdictional immunity — Vienna Convention on Diplomatic Relations, 1961, and Vienna Convention on Consular Relations, 1963 — Inapplicability to claims brought against a foreign State

State immunity — Attachment and execution — Distinction between jurisdictional immunity and immunity from execution — Reciprocity as basis of immunity from execution — Executive control over procedure for execution against foreign State

Diplomatic relations — Immunity — Entitlement to — Whether restricted to natural persons — Whether embassy of foreign State entitled to diplomatic immunity

Relationship of international law and municipal law — Customary international law — State immunity — Principles recognized by the community of nations — Restrictive theory of immunity — Treaties — European Convention on State Immunity, 1972 — Recourse to provisions on jurisdictional immunity as evidence of position under customary international law — The law of Spain

Type
Case Report
Copyright
© Cambridge University Press 1991

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