The Vienna Convention On Diplomatic Relations
The Vienna Convention on Diplomatic relations of 1961 and the Vienna Convention on Consular Relations of 1963 are key document in setting the rules and standards of diplomatic and consular immunities and therefore, in facilitating friendly relations between states. As of the 2nd of April 2014, with the ratification of the State of Palestine, the Vienna Convention on Diplomatic Relations has been ratified by 190 States (out of 192 UN member States), including the two states in question, qualifying it as a quasi-universal ratification. As for the Vienna Convention on Consular Relations, it has been ratified by 177 State parties , including India and the United States. The norms codified in those conventions are also considered as being a part …show more content…
Mufti , a case where the Jordanian diplomat had retained Ms. Tabion’s passport, forced her to work for long hours and with scandalous low wages, Mr. and Mrs. Mufti claimed diplomatic immunity. The court stated that, focusing on the “commercial activity exception” indicated in the article 31(1) of the Vienna Convention on diplomatic relations, the exception was intended to cover “trade or business activity engaged in for personal profit” and therefore “does not encompass contractual relationships for goods or services incidental to the daily life of the diplomat and the family in the receiving State” . Other US cases, such as Gonzales Paredes v. Vila , Montuya v. Chedid and Ahmed v. Hoque , followed this concept, and ended by the dismissal of the civil suit against the diplomat on the grounds of …show more content…
Shin of 2002 , the hiring and matters related to a personal domestic worker are not considered as official consular acts and consequently, not covered by consular immunities. Therefore, according to American legal scholars, the United States had not violated the norms set out by the Vienna Convention. Irina Kotchach Bleustein has even argued that the duty to respect the law and regulations of the host country under article 55 (1) of the Vienna Convention on Consular Relations, in combination with the exception of “grave crimes” to criminal liability cited in article 41 (1) of the same convention, is a clear proof of the “intent the drafters [had] to strike a balance between the interest of the sending states in ensuring the efficient performance of consular functions and the interest of the receiving states in ensuring respect of their laws and regulations” . Noting that the international legal order lacks a unified definition of what a grave crime is ; since the degree of gravity of a certain crime is stated by the national law and in some cases a crime is unimportant in a state and a major crime in another one, this constitutes an important practical problem in the interpretation phase of the article 55(1) of the Vienna Convention on Consular
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