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767 Third Avenue Associates and Another v. Permanent Mission of The Republic of Zaire to The United Nations

United States.  04 March 1993 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Diplomatic relations — Immunity — Nature of immunity — Whether based upon doctrine of functional necessity — Embassy premises — Lease — Eviction order — Whether embassy entitled to immunity from eviction — Principle of inviolability of mission premises — Scope — Whether limited to sudden or unexpected intrusions — Vienna Convention on Diplomatic Relations, 1961, Article 22

State immunity — Jurisdictional immunity — Foreign Sovereign Immunities Act — Relationship between international treaties providing for diplomatic privileges and immunities and the Foreign Sovereign Immunities Act — Whether international treaties taking precedence — Embassy premises — Lease — Eviction order — Whether embassy entitled to immunity from eviction — Principle of inviolability of mission premises — Scope — Whether limited to sudden or unexpected intrusions

Relationship of international law and municipal law — Treaties — Interpretation by municipal courts — Interpretation of treaty provisions by treaty signatories — Whether binding on national courts

Treaties — Interpretation — By municipal courts — Ordinary meaning of words — Travaux préparatoires — State practice — Interpretation of treaty provision by treaty signatories — Whether binding on national courts

Sources of international law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — Whether declaratory of existing rules of customary international law — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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