Dujardin v. International Bank for Reconstruction
Opinion of the Court
JUDGMENT
This case was heard on the record from the United States District Court for the District of Columbia and on the briefs and arguments by counsel. The court has accorded the arguments full consideration and has determined the issues presented occasion no need for a published opinion. See D.C.Cir. Rule 86(b). The court concludes, specifically, that the appellees are immune from the appellant’s defamation suit under the International Organizations Immunities Act of 1945 (IOIA), 22 U.S.C. § 288a(b).
Under the IOIA, 22 U.S.C. §§ 288 et seq., international organizations, such as the International Bank for Reconstruction and Development (IBRD or World Bank) and the International Development Agency (IDA), that have been recognized by the President through an “appropriate Executive order,” 22 U.S.C. § 288, are afforded immunity from suit.
In determining whether the World Bank has waived its immunity here, we ask whether “the particular type of suit would further the Bank’s objectives.” Atkinson, 156 F.3d at 1338 (emphasis original). If it does not, “the Bank’s immunity should be construed as not waived.” Id. (emphasis original). The appellant’s defamation suit neither furthers the World Bank’s objectives nor enhances the Bank’s ability to participate in commercial transactions. See id. That such a suit is brought by a former employee of a borrower of the World Bank, whom the Bank allegedly recruited to work for the borrower and to whom it promised employment benefits, does not affect the Bank’s immunity. Accordingly, it is
ORDERED that the judgment from which this appeal has been taken be affirmed substantially for the reasons stated
The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C.Cir. Rule 41(a)(1).
. The IBRD and the IDA have been designated "public international organizations” pursuant to Executive orders. See Exec. Order No. 9751, 11 Fed.Reg. 7713 (1946) (IBRD); Exec. Order No. 11966, 42 Fed.Reg. 4331 (1977) (IDA).
. Because the appellees are immune from suit, we have no occasion to determine the legal adequacies of the appellant’s defamation claim. Cf. Lutcher S.A. Celulose E Papel v. Inter-Am. Dev. Bank, 382 F.2d 454, 460-61 (D.C.Cir. 1967) (proceeding to merits only after concluding Bank had waived immunity).
Reference
- Full Case Name
- Franck DUJARDIN v. INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT
- Cited By
- 5 cases
- Status
- Published