Ours is a world in which the volume of the external trade of the vast
majority of nations has greatly expanded and continues to be on the
rise. Transnational intercourse of all kinds is now a feature of an
interdependent world economy in which no nation can afford to stand
aloof from a market-place which has assumed global dimensions. It is
also a world where many nations, and not only of the Socialist bloc,
conduct some of their transnational business themselves, or else they
entrust it to state-owned cor- porations and to agencies of the state.
In these circumstances it becomes of prime importance to know whether a
foreign state or an agency or instrumentality thereof can be sued before
the local courts and, if so, whether the final judgement obtained can be
enforced against the funds or property of the judgement debtor. The
question of the immunity of states from suit and from execution is thus
one of direct practical relevance not only to the legal profession but
also to governments and the business and banking communities all over
the world. The economic effects of a particular legal stand on state
immunity are obvious. The position of national courts on state immunity
can either attract more business or discourage further dealings with
foreign states or their agencies. It can thus affect the balance of
payments and, in general, the role the country plays in the world
market.