INTERNATIONAL LAW - TREATY INTERPRETATION - IMMUNITY OF CONSUL FROM CIVIL SUIT

Authors

Abstract

Tarcuanu, the vice-consul in charge of the Roumanian consulate in New York City, was served with a summons ma civil suit. This case involves his motion to have the summons vacated because of article 2 of the treaty of 1881 between the United States and Roumania, the pertinent part of which says: "The consuls-general, consuls, vice-consuls and consular agents of each of the two high contracting parties shall enjoy reciprocally in the States of the other, all the privileges, exemptions and immunities that are enjoyed by officers of the same rank and quality of the most favored nation." In this situation the most favored nation was France. Article 2 of the treaty of 1853 between the United States and France provides in part: "The consuls-general, consuls, vice-consuls, or consular agents of the United States and France, shall enjoy in the two countries the privileges usually accorded to their offices, such as personal immunity, except in the case of crime . . . . " Held, motion to vacate denied. The treaty of 1853 does not give immunity from civil suit. The court intimated, however, that it would give immunity from civil arrest. United States v. Tarcuanu, (D. C. N. Y. 1935) 10 F. Supp. 445.

Recommended Citation

INTERNATIONAL LAW - TREATY INTERPRETATION - IMMUNITY OF CONSUL FROM CIVIL SUIT, 34 Mich. L. Rev. 292 (1935).
Available at: https://repository.law.umich.edu/mlr/vol34/iss2/13