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X v. Argentina

Federal Republic of Germany.  03 July 1996 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdictional immunity — National of sending State employed as member of technical and administrative staff of consulate of foreign State — Dismissal — Claim for damages for unlawful dismissal — Whether foreign State entitled to jurisdictional immunity — Restrictive theory of immunity — Scope of application to disputes concerning employment contracts — Employment involving performance of subordinate consular functions — Whether exercise of jurisdiction would constitute interference with performance of sovereign functions

Consular relations — Consular employee — Whether performing consular functions — Vienna Convention on Consular Relations, 1963, Article 5

Sources of international law — Customary international law — Rules on State immunity relating to employment contracts — Scope of application of rules in the absence of applicable international treaty — The law of the Federal Republic of Germany

Type
Case Report
Copyright
© Cambridge University Press 1999

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