Gonzalez Paredes v. Vila and Nielsen

Abstract

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant against former employers — Certification of diplomatic status of former employers — Exceptions to immunity — Whether employment of domestic servant a commercial activity — Weight to be given to Statement of Interest filed by United States — Whether pursuit of academic studies a professional activity under Vienna Convention — Whether fraud recognized as an exception in Vienna Convention — Whether Court lacking jurisdiction — Whether defendants enjoying diplomatic immunity

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Intent of signatories — Ordinary meaning of terms in light of object and purpose — Liberal construction — Recourse to history, negotiations and practical construction adopted by parties if meaning unclear — Whether exceptions in Vienna Convention applicable — Whether defendants enjoying diplomatic immunity

Comity — Diplomatic relations — Diplomatic immunity enhancing relations among nations — Balancing rights of individual against benefits of diplomatic immunity — Policy decision — Whether appropriate for courts to intervene — Whether Court having jurisdiction — The law of the United States