United States of America v. Lo Gatto

Abstract

555State immunity — Jurisdictional immunity — Consular employee — National of receiving State employed as telephonist — Dismissal — Claim for reinstatement and damages — Whether foreign State entitled to jurisdictional immunity — Whether duties of telephonist merely subordinate — Whether telephonist integrated into organizational structure of foreign State — Whether enquiry by municipal courts into lawfulness of dismissal would infringe sovereignty of foreign StateConsular relations — Consular employee — Telephonist — Whether performing consular functions — Vienna Convention on Consular Relations, 1963Relationship of international law and municipal law — Rules of customary international law — Rules on State immunity — Whether incorporated into municipal law — Effect of Article 10 of Italian Constitution — The law of Italy