Modern slavery and the commercial activity exception to diplomatic immunity from civil jurisdiction: the UK Supreme Court’s decision in Basfar v Wong

Journal article

In Basfar v Wong [2022] UKSC 20, a majority of the UK Supreme Court decided that the exploitation of labour in circumstances of modern slavery constitutes ‘exercising’ a ‘commercial activity’ for the purposes of the exception to diplomatic immunity contained in Article 31(1)(c) of the Vienna Convention on Diplomatic Relations. The case is the first time a senior court anywhere in the world has adopted such an interpretation of this provision and potentially opens up a new avenue for holding foreign diplomats accountable for exploiting domestic workers. Yet, the Court's reasoning also leaves unanswered some important questions. This note reviews the Supreme Court decision and its implications for the content and scope of the ‘commercial activity’ exception to diplomatic immunity. It also considers what the case might reveal about the Supreme Court's current attitude(s) to adjudicating complex questions of international law that potentially warrant breaking new ground.

Authors: Ryan, S

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Wiley
• Journal: Modern Law Review
• Volume: 87
• Issue: 1
• Pages: 202-217
• Publication date: 2023-07-10
• Acceptance date: 2023-04-24
• DOI: 10.1111/1468-2230.12827
• EISSN: 1468-2230
• ISSN: 0026-7961
• Language: English
• Keywords: FFR