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Szurgelies and Szurgelies v. Spohn
Published online by Cambridge University Press: 01 January 2021
Abstract
Diplomatic relations — Immunity — Diplomats — Immunity from proceedings for enforcement of constitutional rights — Scope of immunity — Vienna Convention on Diplomatic Relations, 1961, Articles 3 and 31 — Immunity limited to official functions — Whether immunity covers proceedings brought against diplomat for alleged violation of fundamental rights under Constitution of receiving State — Whether such proceedings involve sanctions of a criminal, civil or administrative nature — Waiver — Counterclaim — Separate proceedings
States — Executive statements — Conclusiveness — Role of executive and courts in establishing scope of entitlement to diplomatic immunity
Relationship of international law and municipal law — Treaties — Fundamental rights under State Constitution — Constitutional rights based on provisions of Universal Declaration of Human Rights, 1948 — Action to enforce constitutional rights against diplomat entitled to immunity under Vienna Convention on Diplomatic Relations, 1961 — Whether constitutional rights prevailing over provisions of prior international conventions — Status of Constitution as “supreme law”
Treaties — Effect in municipal law — Vienna Convention on Diplomatic Relations, 1961 — Ratification by Chile — Whether diplomatic immunity may be invoked in proceedings brought to redress violation of fundamental rights guaranteed by Chilean Constitution
Human rights — Procedure for enforcement — Fundamental rights under Chilean Constitution, 1980 — Constitutional rights based on provisions of Universal Declaration of Human Rights, 1948 — Action to safeguard rights brought under Article 20 of Constitution — Nature of remedy — Whether diplomatic immunity is a bar to proceedings under Article 20 — The law of Chile
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- © Cambridge University Press 1992