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Risk v. Halvorsen and Others
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdictional immunity — Non-commercial tort exception — Requirement that tort was not committed by foreign State in the exercise of a discretionary function — Consular officials of sending State allegedly aiding national to breach custody order of court of receiving State — Alleged assistance violating criminal law of receiving State — Whether actions of consular officials constituting exercise of discretionary function — United States Foreign Sovereign Immunities Act 1976
Consular relations — Immunity — Consular officials — Immunity from civil proceedings — Scope of immunity — Vienna Convention on Consular Relations, 1963, Articles 5 and 43 — Immunity limited to performance of consular functions — Whether immunity covering proceedings brought against consular officials for allegedly assisting national to breach custody order of court of receiving State — Alleged actions violating criminal law of receiving State — Significance — The law of the United States
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- © Cambridge University Press 1994