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Reyes v. Al-Malki and Another
Published online by Cambridge University Press: 01 January 2021
Abstract
Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Object and purpose — Action by domestic servant employed at residence of diplomatic agent — Vienna Convention on Diplomatic Relations, 1961, Article 31(1) — Whether employment of domestic servant a commercial activity — Relationship between Articles 31(1)(c) and 42 — Domestic servant a victim of trafficking — Diplomatic agent leaving position before hearing — Residual immunity under Article 39 — Immunity limited to acts performed in the exercise of official functions
Human rights — Prohibition of slavery — Trafficking in human beings — European Convention on Human Rights, Article 4 — United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2000 (“the Palermo Protocol”) — Whether a norm of jus cogens — Whether overriding diplomatic immunity — Whether provisions of the Vienna Convention on Diplomatic Relations, 1961 to be read in light of the Palermo Protocol
Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 to 33 — Application to Vienna Convention on Diplomatic Relations, 1961 — Text — Object and purpose — Travaux préparatoires — The law of the United Kingdom
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