Jurisdictional immunity of foreign central banks: international and national regulation

It is indicated that the international community is developing various approaches to establishing the boundaries and content of jurisdictional immunity, which are based on relevant international agreements. A number of foreign countries have adopted specialized legislative acts regulating the issue of jurisdictional immunity of central banks of other states. In some legal systems, the provisions on the immunity of foreign states are set out in general terms, which imposes on the courts the obligation to interpret them in detail, which significantly increases the relevance of the issue of jurisdictional immunity of central banks. The article examines current trends in the development of jurisdictional immunity of foreign central banks in the context of state immunity. The status of central banks, their functions, and property relations are defined. The peculiarities of central banks as participants in international private law relations are revealed, and attention is paid to the legal regulation of immunity issues in these relations. From the perspective of comparative law, foreign experience is examined, and the peculiarities of the legal regulation of the status of central banks in legal systems and their immunity are studied. Judicial practice in private law relations and problems of resolving disputes are analyzed. The article examines the legal regime of jurisdictional immunity of foreign central banks in the context of private international law. Approaches to determining the legal status of a central bank, its participation in cross-border private law relations, and the limits of judicial immunity are analyzed. The author examines in detail the concept of limited immunity and its implementation in international treaties and the legislation of foreign states (the US, the UK, Canada, China, etc.). Particular attention is paid to court practice regarding the seizure of central bank assets, particularly in cases where they engage in commercial activities. The need to develop Ukrainian legislation in this area, taking into account international experience and financial security needs, is emphasized.

Authors

Institutions

Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-07-04
DOI
https://doi.org/10.24144/2788-6018.2025.03.2.33
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Jurisdictional immunity of foreign central banks: international and national regulation

Ye. V. Popko
Analytical and Comparative Jurisprudence
International Arbitration and Investment Law
article

Jurisdictional immunity of foreign central banks: international and national regulation

Ye. V. Popko
article en

Abstract

It is indicated that the international community is developing various approaches to establishing the boundaries and content of jurisdictional immunity, which are based on relevant international agreements. A number of foreign countries have adopted specialized legislative acts regulating the issue of jurisdictional immunity of central banks of other states. In some legal systems, the provisions on the immunity of foreign states are set out in general terms, which imposes on the courts the obligation to interpret them in detail, which significantly increases the relevance of the issue of jurisdictional immunity of central banks. The article examines current trends in the development of jurisdictional immunity of foreign central banks in the context of state immunity. The status of central banks, their functions, and property relations are defined. The peculiarities of central banks as participants in international private law relations are revealed, and attention is paid to the legal regulation of immunity issues in these relations. From the perspective of comparative law, foreign experience is examined, and the peculiarities of the legal regulation of the status of central banks in legal systems and their immunity are studied. Judicial practice in private law relations and problems of resolving disputes are analyzed. The article examines the legal regime of jurisdictional immunity of foreign central banks in the context of private international law. Approaches to determining the legal status of a central bank, its participation in cross-border private law relations, and the limits of judicial immunity are analyzed. The author examines in detail the concept of limited immunity and its implementation in international treaties and the legislation of foreign states (the US, the UK, Canada, China, etc.). Particular attention is paid to court practice regarding the seizure of central bank assets, particularly in cases where they engage in commercial activities. The need to develop Ukrainian legislation in this area, taking into account international experience and financial security needs, is emphasized.

Analytical and Comparative JurisprudenceVol. 2(3)
Human Growth Foundation (US)
Openalex Percentile: Top 74%
International Arbitration and Investment Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.