Montuya v. Chedid and Another

Abstract

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant employed at residence of diplomatic agent — Certification of diplomatic status — Whether employment of domestic servant a commercial activity — Whether outside diplomat’s official function — Immunity limited to acts performed in exercise of official functions — Whether Court lacking jurisdiction

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Commercial activity exception — Scope — Whether Foreign Sovereign Immunities Act and related case law relevant in determining scope of exception

Relationship of international law and municipal law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — Diplomatic Relations Act — Whether Foreign Sovereign Immunities Act and related case law relevant in interpreting Vienna Convention — Balancing rights of individual against benefits of diplomatic immunity — Policy decision — Whether appropriate for courts to intervene — Whether Court having jurisdiction over complaints

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