Joseph v. Office of the Consulate General of Nigeria and Others

Abstract

State immunity — Jurisdictional immunity — Whether presumption of sovereign immunity — Commercial activity exception — Distinction between sovereign and commercial acts — Lack of profit motive — Nigerian Consulate — Agreement to lease property as a residence for consular employees — Whether constituting a commercial activity — Non-commercial tort exception — Torts allegedly committed by consular employee causing damage to consular residence — Requirement that torts were committed within “scope of employment” — Requirement that torts not committed by foreign State in the exercise of discretionary function — Waiver — Forum selection clause — Lease concerning United States property — Lease providing for adjudication of disputes but not stipulating forum — Whether adjudication clause constituting waiver of immunity from United States jurisdiction — Foreign Sovereign Immunities Act 1976

Consular relations — Immunity — Consular employee — Immunity from civil proceedings — Scope of immunity — Vienna Convention on Consular Relations, 1963, Article 43 — Immunity limited to official functions — “Acts performed in the exercise of consular functions” — Interpretation — Whether immunity covering proceedings brought against consular employee for alleged commitment of torts resulting in damage to consular residence — Difference between consular and sovereign immunity — The law of the United States