نوع مقاله : مقاله علمی- پژوهشی مستقل
نویسنده
عضو هیأت علمی پژوهشکده تحقیق و توسعه علوم انسانی (سمت)
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The issue of central bank immunity in international law, except in the 2004 United Nations Convention on the Jurisdictional Immunity of States and their Property, was not explicitly discussed in international judicial procedure until the International Court of Justice's ruling in the case of "Certain Iranian Assets". There are some judicial procedures from the domestic courts of States in this regard, which mainly tend towards the absolute and sometimes restrictive immunity of the central banks. However, the Court's approach in the case of Certain Iranian Assets, although implicitly, showed that it is still paying attention to the immunity of the State and its agencies , i.e. the immunity of the State and important State agencies related to it, including the central bank. The question of the present article is what is the approach of the Court regarding the immunity of the central bank in this case and what international legal consequences does it bring? While describing the positions of the parties to the dispute and reviewing the judgment, in this paper, we will examine the approach of the parties to the dispute in the light of the 1955 Treaty of Amity, Economic Relations and Consular Rights, and we will analyze the findings of the Court regarding the Central Bank.
کلیدواژهها [English]
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