Judicial Restrictions From Host States On Diplomatic Immunity Abuse

Diplomatic immunity has been shielding diplomatic agents for a long period,so that they can perform the functions of diplomatic missions.Nevertheless,it is sometimes turned into weapon of abuse,due to the lack of restraints,especially towards those domestic workers who serve the diplomats.Powerfulness of the employers and vulnerability of the employees altogether make the situation precarious.Yet,remedies provided by the host states' judiciaries are rare.Revolving around this current status,the article will analyse the superficial scenarios as well as fundamental concerns of the issue,and then look for the possible actions to take.The article is divided into four parts.First,it will clarify the two subjects,diplomatic agents and domestic workers,about their scope and status,in accordance with the relevant convention.Second,it will review prior judicial practice,summing up the attempts and results of claims brought by abused domestic workers against diplomats,in order to reveal the negative attitude of courts in host states.Third,it will explore the rationale behind the indifference of host states' judicial systems and highlight the necessity and probability of their active role.Finally,on the basis of previous exposition,it will propose some advice in the improvements accordingly.