Page:Budha Ismail Jam, et al. v. International Finance Corporation.pdf/20

Rh , dissenting.

The International Organizations Immunities Act of 1945 extends to international organizations “the same immunity from suit and every form of judicial process as is enjoyed by foreign governments.” 22 U. S. C. §288a(b). The majority, resting primarily upon the statute’s language and canons of interpretation, holds that the statute’s reference to “immunity” moves with the times. As a consequence, the statute no longer allows international organizations immunity from lawsuits arising from their commercial activities. In my view, the statute grants international organizations that immunity–just as foreign governments possessed that immunity when Congress enacted the statute in 1945. In reaching this conclusion, I rest more heavily than does the majority upon the statute’s history, its context, its purposes, and its consequences. And I write in part to show that, in difficult cases like this one, purpose-based methods of interpretation can often shine a useful light upon opaque statutory language, leading to a result that reflects greater legal coherence and is, as a practical matter, more sound.

The general question before us is familiar: Do the words of a statute refer to their subject matter “statically,” as it