Under Title II of the U.S. Terrorism Risk Insurance Act (TRIA), a successful plaintiff with a judgment against a designated "terrorist party on a claim based upon an act of terrorism" generally can ...obtain attachment or execution against the defendant's blocked assets, including blocked assets of the defendant's agencies and instrumentalities, to the extent of any compensatory damages. The TRIA defines "blocked assets" to exclude property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations "if it is being used exclusively for diplomatic or consular purposes."
Full text
Available for:
BFBNIB, INZLJ, NMLJ, NUK, ODKLJ, PNG, PRFLJ, SAZU, UL, UM, UPUK, ZRSKP
This article examines Raoul Wallenberg's work as a diplomat in Budapest between June 1944 and January 1945. It suggests that Wallenberg's legacy was initially very limited as a result of the ...state-centric approach to the codification of diplomatic law in the Vienna Convention on Diplomatic Relations 1961. Nevertheless, it is argued that the emergence of the so-called "new" diplomacy, coupled with the developing notion of "responsibility to protect" in the face of gross violations of human rights, such as those faced by Wallenberg, have opened up the possibility for diplomats to engage in the process of protecting civilian populations in times of internal strife
Full text
Available for:
IZUM, KILJ, NUK, PILJ, PRFLJ, SAZU, UL, UM, UPUK
The Gillon Affair Hartmann, Jacques
The International and comparative law quarterly,
09/2005, Volume:
54, Issue:
3
Journal Article
Peer reviewed
This paper examines one recent example of an increasingly common situation: whether or not an individual having immunity under international law operating in a particular national legal sphere can be ...prosecuted in that national legal system for crimes against international law.
Full text
Available for:
BFBNIB, NMLJ, NUK, PNG, PRFLJ, SAZU, UL, UM, UPUK
In 1996, Congress amended the Foreign Sovereign Immunities Act (FSIA) to permit civil suits for monetary damages against foreign states designated by the Department of State as state sponsors of ...terrorism. While plaintiffs have successfully obtained judgments against terrorist states under the new legislation (often in situations where the foreign state does not appear before the U.S. court), plaintiffs typically have encountered difficulty in executing their judgments against assets of the terrorist states involved.4 Consequently, Congress enacted legislation in 1998,5 2000,6 and 20027 designed to facilitate plaintiffs' efforts to enforce or collect on their judgments.
Full text
Available for:
BFBNIB, INZLJ, NMLJ, NUK, ODKLJ, PNG, PRFLJ, SAZU, UL, UM, UPUK, ZRSKP
In October 1995, two armed individuals attempted to rob two Bulgarian diplomats outside the Chancery of Bulgaria in Washington, D.C. One diplomat was killed, and the other, severely wounded. The ...surviving diplomat and the deceased diplomat's heirs sued the U.S. government in tort, alleging that the U.S. Secret Service was negligent in performing its duties to protect the Chancery under the Vienna Conventions on Diplomatic Relations' and Consular Relations. The U.S. district court dismissed for lack of jurisdiction.
Full text
Available for:
BFBNIB, INZLJ, NMLJ, NUK, ODKLJ, PNG, PRFLJ, SAZU, UL, UM, UPUK, ZRSKP
The modern concept of diplomatic immunity arose out of a universal desire to promote and protect the intercourse among nations however immunity itself is not a violation law. On the other hand its ...invocation in order to protect diplomats who abuse their domestic workers is unlawful and unjust. Therefore United States should reinterpret diplomatic immunity by recognising normative hierarchy theory or by reinterpreting the Vienna Convention's commercial activities exception so that the diplomats who commit violations of domestic and international law will not be protected.
PDF
