Private Servant of Diplomat Case

Abstract

International law in general — Sources — Customary international law — Whether any customary rule with regard to the immunity of private servants of accredited foreign diplomats from the jurisdiction of municipal courts — The law of Austria

States as intemational persons — In general — Sovereignty and independence — Conduct of foreign relations — Conclusiveness of statements of the executive — Whether municipal courts bound by declaration of executive with regard to entitlement to immunity from jurisdiction of diplomats and their servants — Whether municipal legislation providing for such declaration to be binding is unconstitutional — The law of Austria

Diplomatic and consular intercourse and privileges — Permanent diplomatic envoys — Privileges and immunities of — The family and retinue of diplomatic envoys — Private servant of diplomat — Affiliation proceedings — Whether entitled to immunity from jurisdiction — Whether declaration of executive binding on courts under municipal law — Extent of immunity with regard to private servants — Whether any rule of customary international law — Vienna Convention on Diplomatic Relations, 1961, Article 37 (4) — Extent to which entitlement to immunity left to practice of individual States — Theory of functional necessity — The law of Austria