Suchergebnisse

Former President Donald Trump is seen giving a speech at a May rally in Wisconsin

Court finds parent's right to comment on their interactions with their child's coaches or teachers is cleartly established.

115State immunity — Jurisdictional immunity — Commercial Office of Portugal in Brussels — Dispute concerning payment for translation — Whether Portuguese State entitled to jurisdictional immunity — Distinction between acts performed jure gestionis and jure imperii — Applicability on facts of caseDiplomatic relations — Immunity — Diplomatic agent — Immunity from civil jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31 — Immunity limited to official functions — Scope of functions of diplomatic mission — Whether Article 3 of Convention contains exhaustive list of functions — Waiver of immunity — The law of Belgium

15State immunity — Jurisdictional immunity — Foreign State-owned bank — Action on letters of credit — Whether bank entitled to Jurisdictional immunity — Acts performed jure imperii and jure gestionis — Requirement of sufficient connection with forum State for exercise of jurisdictionEconomics, trade and finance — International banking transactions — Legal nature — Letters of credit — Deposit — Whether corresponding to concept of deposit under Italian Civil Code — The law of Italy

Since 1945, diplomatic immunity has altered. There are many factors which inhibit immunity. Firstly, consistent Cold War retaliation existed. Second, national security in the nuclear age was prioritized. The intricacy of international politics and mission expansion influenced a change. Also, the abuse of diplomatic and non-diplomatic immunity necessitated modification. In the 1960s, when hundreds of diplomats were sued, diplomatic immunity was called into doubt. Diplomatic abuses should force a reform of the Vienna Convention. Functional needs explained immunity modifications in the 1960s. Increasing and expanding immunity categories contributed to the improvement of the theory. However, there is no abuse remedy that is universally acceptable and enforceable. Should functional necessity theory replace immunity's cloak? The pacta sunt serva concept of the noncontroversial law of treaties could be utilized to obtain multilateral agreement on the nature, cause, and effect of the functional necessity theory. A Permanent International Diplomatic Criminal Court with mandatory jurisdiction over accused diplomats and its own punishment system has been under discussion since the late 1980s. It never occurred, yet it may have resolved the diplomat disagreement between the victim and the accused.