Abstract:
The existence of the Court of the International Financial Centre “Astana” is a challenge
to both legal theory and practice. This challenge concerns the status of the judges
of this court, who apply the precedents of the English courts in their case law. This
unique practice of letting the territory of a sovereign country enforce the principles
coming from a completely different system of law is described by legal academics
and commentators in various ways: as a reception, acculturation, transformation,
implementation, migration of the law, continuity and replicability of the law. In this
context, we analyse the very nature of the financial centre “Astana” and particularly
one of its most prominent institutions, namely the Court of the International Financial Centre “Astana” presenting it as a process of its integration into the framework
of the Kazakh constitution of the autonomous legal system within the economic
zone whose boundaries are determined by the constitution and the constitutional
law governing the roles played by the international financial centre.
