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Columbia Law School

Columbia Law Review

Comparative and Foreign Law

1988

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The Scope Of Consular Immunity Under The Vienna Convention On Consular Relations: Towards A Principled Interpretation Notes, Curtis J. Milhaupt Jan 1988

The Scope Of Consular Immunity Under The Vienna Convention On Consular Relations: Towards A Principled Interpretation Notes, Curtis J. Milhaupt

Faculty Scholarship

A consular officer, mistaken for a' trespasser as he leaves his mission to attend a cultural function, struggles with a police officer and is subsequently charged with assault and battery.1 The Vienna Convention on Consular Relations 2 provides that consular officers3 are immune from jurisdiction for "acts performed in the exercise of consular functions."4 Does the Vienna Convention shield the consular officer from suit? The scope of consular immunity is uncertain because courts differ in their application of the Convention's immunity rule.

This Note argues that a principled interpretation of the scope of consular immunity consistent ...