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A v. Republic of B

Norway.  03 April 2004 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdictional immunity — Employment — State B employing driver at its embassy in Oslo — Claim for unfair dismissal — Civil Procedure Act — Whether State B enjoying State immunity in cases between embassy and private individual concerning working conditions — Absolute immunity — Doctrine of restrictive immunity — Distinction between acta jure imperii and acta jure gestionis — Whether activities of diplomatic mission in exercise of governmental authority — Rules of general international law on State immunity — Whether Norwegian courts having jurisdiction

Diplomatic relations — Diplomatic immunity — Employment contract — Dispute between embassy and private individual — Whether dispute could come before courts of State where embassy located — Foreign Service Act — Principles of general international law on State immunity — Embassy staff members — Whether position held relevant — Whether activities of embassy governmental acts — Whether Norwegian courts having jurisdiction

Relationship of international law and municipal law — State immunity — International rules — Regulation of contracts of employment between embassy and locally employed staff — Absolute immunity — Doctrine of restrictive immunity — Distinction between acta jure imperii and acta jure gestionis — Civil Procedure Act — Foreign Service Act — Whether activities of diplomatic mission in exercise of governmental authority — Whether Norwegian courts having jurisdiction — The law of Norway

Type
Case Report
Copyright
© Cambridge University Press 2019

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