Republic of Zaire v. Duclaux

Abstract

368State immunity — Attachment and execution — Bankruptcy petition — Judgment creditor seeking to levy execution against foreign State by petitioning for foreign State to be declared bankrupt — Whether foreign State entitled to immunity from bankruptcy proceedings — Whether bankruptcy impeding foreign State’s ability to perform diplomatic functions and thereby infringing its sovereigntyDiplomatic relations — Interference with performance of diplomatic functions — Declaration by court of receiving State that sending State bankrupt — Whether affecting sending State’s ability to perform diplomatic functions — The law of the Netherlands