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Record W2282502455 · doi:10.14288/1.0077679

Central banks and the doctrine of sovereign immunity

2010· article· en· W2282502455 on OpenAlexaffabout
Derek Asiedu-Akrofi

Bibliographic record

VenuecIRcle (University of British Columbia) · 2010
Typearticle
Languageen
FieldEconomics, Econometrics and Finance
TopicGlobal Financial Regulation and Crises
Canadian institutionsUniversity of British Columbia
Fundersnot available
KeywordsSovereign immunityDoctrineBusinessPolitical scienceEconomicsLawConstitution

Abstract

fetched live from OpenAlex

Central banks engage in a multiplicity of activities. Their current roles are historically determined, in that each central bank came into being at a certain stage of its country's development and has exercised its functions consistently with its nation's development objectives. Consequently, central bank functions vary in degree and from place to place. However, despite the different conditions under which they operate, most central banks exhibit a tendency to conform to an almost identical pattern, particularly in respect of those practices and principles developed by the Bank of England, which came to be accepted as traditional central bank functions. This thesis takes up the traditional central bank functions and compares them with the new and expanding roles of central banks in the developing world. The tool for illuminating this review is the important issue of government immunity. As agents of their governments, central banks sometimes breach their contractual obligations and then the issue of immunity comes up. In determining the immunity of foreign states, their agents and instrumentalities, the courts characterize their activities as either private or public acts. This process of characterization has proved difficult in its application to central bank activities. This is because there is no uniform central bank function. Consequently, it is difficult to determine when a central bank is performing a central bank function. The restrictive immunity approach presupposes that central bank functions could easily be characterized as either commercial or central bank functions. However, a contrary view is presented in this thesis. This thesis takes the position that central bank activities are not uniform and therefore cannot be subject to a general theory of restrictive immunity. A comparative approach is adopted in analysing the different evolutionary patterns of central bank development, the scope of protection that central banks enjoy under the current law in sovereign immunity in the U.S., Canada, the U.K. and other international conventions. The study ends with an appraisal of the scope of central bank immunity and the problems associated with the characterization process and concludes that in the absence of uniform central bank functions, and an agreement on the proper sphere of governmental activity, the restrictive immunity approach is inadequate for the resolution of central bank immunity issues. Consequently a programme of bilateral treaties is suggested as a better alternative.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.593
Threshold uncertainty score0.947

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.008
GPT teacher head0.152
Teacher spread0.145 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designObservational
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2010
Admission routes2
Has abstractyes

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