동결된 러시아 국가 자산의 몰수에 관한 국제법적 고찰: 러시아의 우크라이나 침공 이후 동결된 러시아 중앙은행 자산을 중심으로

Focusing on the assets of the Central Bank of Russia, this paper examines the confiscation of frozen Russian assets under international law. Russia's invasion of Ukraine constitutes an internationally wrongful act of aggression in violation of the UN Charter, as declared by UN General Assembly resolutions. In response, Western countries have frozen the Central Bank of Russia's foreign currency reserves, which amount to almost $300 billion. As the war has dragged on, there have been calls for the frozen Central Bank assets to be used for reconstruction and compensation for Ukraine. However, the confiscation of frozen Russian state assets may violate relevant rules of international law, including state immunity. This paper examines whether the confiscation of frozen assets falls within an exception to state immunity or constitutes a countermeasure or right of self-defense that would justify a breach of state immunity. It then examines efforts by countries, including Canada, the United States and Europe, to create a legal basis under domestic law for seizing assets of the Russian Central Bank. The international and domestic legal debate over the confiscation of Russian frozen assets is currently underway in Western countries, and it will be interesting to see how this will affect the relevant rules of international law, such as state immunity, third-party countermeasures and the right of self-defense.