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Van der Hulst v. United States

The Netherlands.  22 December 1989 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdictional immunity — Employment dispute — Embassy employee — National of receiving State employed as secretary — Contract of employment subject to satisfactory security clearance — Dismissal of employee on security grounds — Action for wrongful dismissal — Whether foreign State entitled to jurisdictional immunity — Nature of employment relationship — Necessity for foreign embassy to maintain adequate security practices in order to perform diplomatic functions — Distinction between sovereign and non-sovereign activities

Sources of international law — Treaties — Relationship between treaties and customary international law — European Convention on State Immunity, 1972 — Whether declaratory of existing rules of international law — International Law Commission Draft Articles on Jurisdictional Immunities of States and their Property, 1986 — Whether constituting evidence of customary international law

Diplomatic relations — Immunity — Locally recruited employee — Action for wrongful dismissal — Whether defendant State entitled to immunity — The law of the Netherlands

Type
Case Report
Copyright
© Cambridge University Press 1994

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