Abbott v. Republic of South Africa

Abstract

State immunity — Attachment and execution — Embassy bank account — Embassy employee seeking enforcement of judgment against foreign State for arrears of salary — Whether execution could be levied on embassy bank account — Effect on functioning of the mission — Whether general current bank account of foreign State used to cover embassy expenditure immune from execution — Bank account used in part for normal commercial expenditure — Burden of proof as to use of bank account — Whether foreign State required to provide evidence of use of funds in bank account

State immunity — Attachment and execution — Distinction from jurisdictional immunity — Whether restrictive theory of State immunity now recognized by customary international law for execution as well as jurisdiction — Distinction between assets allocated by foreign State for support of sovereign activities and those allocated for ordinary commercial activities — Spanish Constitution, Article 24(1) — Whether limiting recourse to immunity from execution — Whether individuals enjoy right to enforce judgment against assets of foreign State exclusively allocated for commercial activities — Whether any requirement that assets should be allocated for the same activity as that which has given rise to the dispute

Diplomatic relations — Immunity — Embassy bank account — Account in use for defraying running costs of embassy — Whether subject to execution in receiving State — Whether position governed by Vienna Convention on Diplomatic Relations, 1961, or rules of customary international law — The law of Spain