BREYER, J., dissenting
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6 JAM v. INTERNATIONAL FINANCE CORP.
BREYER, J., dissenting
statute’s basic purposes,” ibid., as well as “‘the history of
the times when it was passed,” Leo Sheep Co. v. United
States, 440 U.S. 668, 669 (1979) (quoting United States v.
Union Pacific R. Co., 91 U.S. 72, 79 1875)). In this case,
historical context, purpose, and related consequences tell
us a great deal about the proper interpretation of the
Immunities Act.
Congressional reports explain that Congress, acting in
the immediate aftermath of World War II, intended the
Immunities Act to serve two related purposes. First, it
would “enabl[e] this country to fulfill its commitments in
connection with its membership in international organiza-
tions.” S. Rep. No. 861, 79th Cong., 1st Sess., 8 (1945); see
also id., at 2-8 (explaining that the Immunities Act was
“basic legislation” expected to “satisfy in full the require-
ments of... international organizations conducting activi-
ties in the United States”); H.R. Rep. No. 1208, 79th
Cong., 1st Sess., 3 (1945) (similar). And second, it would
“facilitate fully the functioning of international organiza-
tions in this country.” S. Rep. No. 861, at 3.
A
I first examine the international commitments that
Congress sought to fulfill. By 1945, the United States had
entered into agreements creating several important multi-
lateral organizations, including the United Nations (UN),
the International Monetary Fund (IMF), the World Bank,
the UN Relief and Rehabilitation Administration
(UNRRA), and the Food and Agriculture Organization
(FAQ). See id., at 2.
The founding agreements for several of these organiza-
tions required member states to grant them broad immun-
ity from suit. The Bretton Woods Agreements, for exam-
ple, provided that the IMF “shall enjoy immunity from
every form of judicial process except to the extent that. it
expressly waives its immunity.” Articles of Agreement of
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