Baoanan v. Baja and Others

Abstract

Diplomatic Relations — Privileges and immunities — Scope — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1) — Article 39(2) — Applicability — Eligibility — Former diplomat — Former diplomat’s wife — Residual immunity — Immunity continuing to subsist in respect of acts performed in exercise of functions as member of mission — Claims of domestic servant — Employment claims — Non-employment claims — Whether claims arising out of exercise of functions as member of mission — Whether defendant’s employment and treatment of domestic servant constituting official acts — Whether former diplomat’s wife entitled to diplomatic immunity — Whether diplomatic immunity applicable — Whether Court having subject-matter jurisdiction

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Former diplomat’s wife — Residual diplomatic immunity — Eligibility — Extent of immunity — Whether extending to claims of domestic servant — Whether defendant’s employment and treatment of domestic servant constituting official acts — Purpose of Vienna Convention — Whether acts performed in exercise of diplomat’s functions as member of mission — The law of the United States