Von Dardel v. Union of Soviet Socialist Republics

Abstract

Diplomatic relations — Diplomats — Inviolability — General principles regarding — Vienna Convention on Diplomatic Relations, 1961 — Convention on the Protection and Punishment of Crimes against Internationally Protected Persons, 1973 — Abduction, imprisonment and alleged ill-treatment of diplomat — Swedish diplomat accredited to the Government of Hungary — Arrest by officials of Soviet Union on Soviet invasion of Hungary during Second World War

Jurisdiction — Extraterritorial — For breaches of international law — Alien Tort Claims Act — Jurisdiction of United States courts for torts against the law of nations committed against aliens — Extent of jurisdiction — Relation to the Foreign Sovereign Immunities Act 1976

Relationship of international law and municipal law — Act of State and justiciability — Extent of United States act of State doctrine — Whether applicable to acts in violation of international law — Rules of international law which are clearly defined and of long standing — Importance of manageable judicial standards — Risk of courts embarrassing the executive

State immunity — Jurisdictional immunity — Whether State immunity must be pleaded by defendant State — Whether judgment in default of defence may be entered against State which declines to appear before court but asserts immunity in diplomatic correspondence — Whether State immune from action for violation of international law — Waiver — Whether State waives immunity from action for breach of certain principles of international law by becoming party to treaties incorporating those principles — The law of the United States