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Alice Pirlot - One of the best experts on this subject based on the ideXlab platform.
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don t blame it on wto Law an analysis of the alleged wto Law incompatibility of destination based taxes
Florida Tax Review, 2020Co-Authors: Alice PirlotAbstract:The idea that corporations should be taxed in the jurisdiction where they make their sales or provide their services is getting more and more attention in the policy debate on international taxation. In 2016, U.S. House Speaker Paul Ryan proposed to introduce a destination-based cash flow tax (DBCFT) in order to reform the United States’ corporate income tax (CIT). Moreover, in the last few years, more and more countries have considered the adoption of new rules to tax the digital economy in the country where the users and/or the consumers are located. These proposals differ from traditional direct taxes imposed on corporations. They borrow from the tax design of indirect taxes, such as sales taxes or value added taxes. Consequently, it is difficult to predict whether these sui generis destination-based taxes will fit in with superior legal provisions, in particular international tax and Trade Law. One recurring legal argument against destination-based taxes is that they are likely to violate the Law of the World Trade Organization (WTO). Using the DBCFT as a case study, this Article will assess the different conflicts that could arise between new types of destination-based taxes and international Trade Law. Based on a critical approach informed by the analysis of the history and case Law surrounding destination-based taxes, this Article concludes that the likelihood that a DBCFT would be found incompatible with international Trade Law is much lower than past legal scholars have concluded. WTO Law does not in itself prevent countries from adopting such taxes. Since this conclusion could be extended by analogy to other, new types of destination-based taxes, this Article could have important implications for policymakers who are willing to move towards taxation in the country of destination.
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don t blame it on wto Law an analysis of the alleged wto Law incompatibility of destination based taxes
Social Science Research Network, 2019Co-Authors: Alice PirlotAbstract:The idea that corporations should be taxed in the jurisdiction where they make their sales or provide their services is getting more and more attention in the policy debate on international taxation. In 2016, U.S. House Speaker Paul Ryan proposed to introduce a destination-based cash flow tax (DBCFT) in order to reform America’s corporate income tax (CIT). Moreover, in the last few years, more and more countries have considered the adoption of new rules to tax the digital economy in the country where the users and/or the consumers are located. These proposals differ from traditional direct taxes imposed on corporations. They borrow from the tax design of indirect taxes, such as sales taxes or value added taxes. Consequently, it is difficult to predict whether these sui generis destination-based taxes will fit in with superior legal provisions, in particular international tax and Trade Law. One recurring legal argument against destination-based taxes is that they are likely to violate the Law of the World Trade Organisation (WTO). Using the DBCFT as a case study, this Article will assess the different conflicts that could arise between new types of destination-based taxes and international Trade Law. Based on a critical approach informed by the analysis of the history and case-Law surrounding destination-based taxes, this Article concludes that the likelihood for a DBCFT to be found incompatible with international Trade Law is much lower than past legal scholars have concluded. WTO Law does not in itself prevent countries from adopting such taxes. Since this conclusion could be extended by analogy to other, new types of destination-based taxes, this Article could have important implications for policy-makers who are willing to move towards taxation in the country of destination.
Simone Meraglia - One of the best experts on this subject based on the ideXlab platform.
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Trade Law and order and political liberties theory and application to english medieval boroughs
2016Co-Authors: Charles Angelucci, Simone MeragliaAbstract:We build a model to investigate the interaction between Trade, the supply of Law and order, and the nature of governing political institutions. To supply Law and order necessary for a representative merchant to create wealth, a ruler (i) appoints officials capable of coercion and (ii) introduces a system of taxation. When potential gains from Trade are important, the demand for Law and order is high but appointing numerous officials capable of coercion may pave the way to arbitrary and distortive expropriation. Delegating the task of appointing offi- cials to the better-informed merchant lowers the cost of sustaining good market institutions, but exacerbates the latter's temptation to escape taxation. When gains from Trade are instead low delegation never occurs. Our theory provides a rationale for the case of post-Norman Conquest England (1066-1307) where, in parallel with the rise of Trade, kings increasingly give in to the citizens' desire of self-governance by granting Charters of Liberties.
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Trade Law and order and political liberties theory and application to english medieval boroughs
Social Science Research Network, 2016Co-Authors: Charles Angelucci, Simone MeragliaAbstract:We develop a framework that puts the administration at the core of the relationship between Trade and political liberties. A ruler chooses the size of an administration that (i) collects taxes and (ii) provides Law and order for a representative merchant to use. To be exploited, large gains from Trade require a relatively large administration. However, keeping a large administration in check is difficult. When the resulting inefficiencies are significant, the ruler grants control of the administration to the better-informed merchant, even though this facilitates tax evasion. We analyze the case of post-Norman Conquest England (1066-1307) by using evidence on taxation, commerce, and political liberties across boroughs. We use boroughs’ ownership as a proxy for the cost of controlling the administration, and find that rulers with a high cost are more willing to grant boroughs the control of their administration. Also, provided it belongs to a high-cost ruler, a borough’s propensity to receive a grant increases with its commercial importance. Finally, we find that boroughs are willing to pay higher taxes in exchange for liberties.
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Trade Law and order and political liberties theory and application to english medieval boroughs
Research Papers in Economics, 2015Co-Authors: Charles Angelucci, Simone MeragliaAbstract:We argue that Trade opportunities, combined with the provision of Law and order, may lead to local political liberties. In our model, a ruler chooses the size of an administration that (i) provides Law and order for a merchant to use and (ii) collects taxes. Larger gains from Trade increase the demand for Law and order, which requires a larger administration. However, a larger administration is more difficult to monitor and allow local officials to expropriate merchants. When the resulting inefficiencies are significant, the ruler delegates control of the administration to the better-informed merchant, even though this makes tax evasion more tempting. We then analyze the emergence of local political liberties in post-Norman Conquest England (1066-1307) using data on taxation, commerce, and the behavior of local officials. This period marks the beginning of England's transition away from feudalism. We nd that Trade expansion coincides with widespread misbehavior by ocials and, in line with the predictions of our model, an increasing willingness by the king to grant boroughs of high commercial value the right to elect local officials.
William A. Kerr - One of the best experts on this subject based on the ideXlab platform.
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ethics domestic food policy and Trade Law assessing the eu animal welfare proposal to the wto
Food Policy, 2002Co-Authors: Anna L Hobbs, Grant E. Isaac, Jill E Hobbs, William A. KerrAbstract:Abstract In response to rising consumer interest in the well-being of animals used in commercial food production, the European Union (EU) has been increasing its animal welfare standards. This does nothing, however, to inform consumers of the welfare standards that have been applied to food that is imported. Satisfying consumers’ desire to know about foreign animal welfare standards, however, will require the labelling of imports. Labelling of imports for animal welfare purposes is not consistent with World Trade Organisation (WTO) obligations. Further, raising animal welfare standards increases costs for EU livestock producers reducing their international competitiveness. The EU has made a formal proposal to the WTO members to negotiate an agreement on international Trade rules pertaining to animal welfare. This paper assesses the EU proposal in the context of both domestic food policy making and international Trade Law. It concludes that, as currently constituted, the WTO is unable to adequately address the issue but that re-negotiation is likely to be both difficult and acrimonious. Suggestions for WTO reform are presented.
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genetically modified organisms consumer scepticism and Trade Law implications for the organisation of international supply chains
Supply Chain Management, 1999Co-Authors: William A. KerrAbstract:Given the rapid rates of technological improvements possible, using modern biotechnology, the product life cycle of new genetically modified organisms (GMOs) is likely to be short and, hence, those investing in their development will desire access to the widest international market possible. There is, however, considerable consumer scepticism regarding GMOs, which is being translated into both government policy responses and actions by firms who are near the consumer end of the supply chain. As the licensing of GMOs is likely to vary from country to country and regulatory regimes will differ, firms involved in international supply chains for food products will be affected by the interplay of Trade policy and consumer scepticism. All firms, even those not handling GMO products, will be affected because costly new monitoring procedures will be required. These additional monitoring costs suggest that competitive advantage is likely to be conferred on those supply chains which exhibit superior vertical co‐ordination.
Margaret A Young - One of the best experts on this subject based on the ideXlab platform.
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Energy transitions and Trade Law: lessons from the reform of fisheries subsidies
International Environmental Agreements: Politics Law and Economics, 2017Co-Authors: Margaret A YoungAbstract:Fossil fuel subsidies, like subsidies to the fishing sector, lead to Trade-distorting and ecologically harmful practices. The US$35 billion in subsidies provided by countries every year to the fishing sector leads to more and more boats being built, even as 90% of fish stocks are either fully exploited or overfished. An estimated US$444 billion in subsidies are provided annually for the production of fossil fuels by G20 countries, even as evidence emerges that oil, gas and coal reserves must remain unexploited to limit global warming increases to 2 °C. Of course, each country has its own development priorities, livelihood concerns and need for food and energy security. Agreeing upon subsidy reform is a complex undertaking that requires the assessment of social, political and historical considerations, as well as the involvement of international and transnational legal regimes that govern climate change, energy, fisheries and Trade. This article reviews proposals for reform within the World Trade Organization and regional Trade agreements, including the new disciplines on fisheries subsidies that were endorsed in the text of the Trans-Pacific Partnership. Although the latter agreement is unlikely to enter into force, consensus is emerging on the need to prohibit subsidies that contribute to overfishing or that are linked to illegal, unreported or unregulated fishing. The article shows how these legal developments might inform attempts to limit fossil fuel production and consumption subsidies. It highlights the need for learning and open deliberation about subsidy reform by affected stakeholders, including representatives from international organizations and civil society. It also points to new arrangements that link compliance with subsidy rules to standards and benchmarks from fisheries regimes, and demonstrates how such inter-regime connections are legitimate in the context of the fragmentation of international Law. While reform to fisheries subsidies is still preliminary and fraught, there are useful lessons for the equally important project of energy transitions.
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energy transitions and Trade Law lessons from the reform of fisheries subsidies
Social Science Research Network, 2017Co-Authors: Margaret A YoungAbstract:Fossil fuel subsidies, like subsidies to the fishing sector, lead to Trade-distorting and ecologically harmful practices. The US$35 billion in subsidies provided by countries every year to the fishing sector leads to more and more boats being built, even as 90% of fish stocks are either fully exploited or overfished. An estimated US$444 billion in subsidies are provided annually for the production of fossil fuels by G20 countries, even as evidence emerges that oil, gas and coal reserves must remain unexploited to limit global warming increases to 2° Celsius. Of course, each country has its own development priorities, livelihood concerns and need for food and energy security. Agreeing upon subsidy reform is a complex undertaking that requires the assessment of social, political and historical considerations, as well as the involvement of international and transnational legal regimes that govern climate change, energy, fisheries and Trade. This article reviews proposals for reform within the World Trade Organization and regional Trade agreements, including the new disciplines on fisheries subsidies that were endorsed in the text of the Trans-Pacific Partnership. Although the latter agreement is unlikely to enter into force, consensus is emerging on the need to prohibit subsidies that contribute to overfishing or that are linked to illegal, unreported or unregulated fishing. The article shows how these legal developments might inform attempts to limit fossil fuel production and consumption subsidies. It highlights the need for learning and open deliberation about subsidy reform by affected stakeholders, including representatives from international organisations and civil society. It also points to new arrangements that link compliance with subsidy rules to standards and benchmarks from fisheries regimes, and demonstrates how such inter-regime connections are legitimate in the context of the fragmentation of international Law. While reform to fisheries subsidies is still preliminary and fraught, there are useful lessons for the equally important project of energy transitions.
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international Trade Law compatibility of market related measures to combat illegal unreported and unregulated iuu fishing
Marine Policy, 2016Co-Authors: Margaret A YoungAbstract:Measures to combat illegal, unreported and unregulated (IUU) fishing increasingly seek to constrain access to markets. These measures include enhanced seafood traceability and catch documentation schemes, the blocking of port access and landings, the identification and assessment of vessels engaged in IUU fishing and the prohibition on imports, transhipments or Trade of fish products. It is important that such measures are in accordance with international Law, including the agreements of the World Trade Organisation (WTO). This article evaluates a range of market-related measures for compatibility with international Trade Law, including the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade. The Law requires measures to be non-discriminatory and, for certain technical regulations, not more Trade-restrictive than necessary to achieve a legitimate objective. However, there are exceptions to these rules, including for measures relating to the conservation of exhaustible natural resources or for measures necessary for the protection of animal life or health, public morals, or to secure compliance with certain Laws or regulations. While the design of current unilateral measures to combat IUU fishing appears to accord with Trade Law requirements, this article argues that there is scope for a wider and more collective approach. In this vein, new provisions in the recently concluded Trans-Pacific Partnership (TPP) are identified. The article concludes with recommendations for governments, international organisations, private actors and the global community wishing to take action in this area.
Stephan Von Harder - One of the best experts on this subject based on the ideXlab platform.
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intra firm Trade Law contract enforcement and dispute resolution in transnational corporations
Social Science Research Network, 2015Co-Authors: Gralfpeter Calliess, Stephan Von HarderAbstract:What is intra-firm Trade Law? In this article we propose that intra-firm Trade Law is a branch of transnational commercial Law. Transnational commercial Law, in turn, is a concept related to interdisciplinary legal studies which focuses on the question of how modern Trade is institutionally organised in practice, and what role Law plays in this context (Calliess et al., 2007). The formulation of this question contains a number of implications for the analysis of commercial Law: First, following New Institutional Economics (Furubotn & Richter, 2005; Williamson, 2008) instead of the legal concept of contract, the generic term of transaction, as known also from the US Uniform Commercial Code, takes centre stage. Second, the main emphasis is on the analysis of cross-border transactions since the foreign Trade-to-Gross-Domestic-Product (GDP) ratio of Germany, for example, reached an all-time high of 75.9 per cent in 2012.1 And third, in terms of methodology a functional-empirical approach to the topic includes, apart from legal, also alternative forms of governance as being of paramount importance (Calliess & Zumbansen, 2010).
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intra firm Trade Law contract enforcement dispute resolution in transnational corporations
Research Papers in Economics, 2012Co-Authors: Gralfpeter Calliess, Stephan Von HarderAbstract:While intra-firm Trade accounts for at least one third of world exports, we know very little about the institutions which are employed to resolve intra-firm Trade conflicts. According to Oliver Williamson, courts are not accessible and conflicts resulting from intra-firm Trade are resolved by directives based on the authority of ownership instead (Law of forbearance). Williamson's description of the Law of forbearance, however, depicts an ideal typical form of a firm, which is characterised by low incentive intensity and high administrative costs. Yet, in order to improve on these attributes, large transnational enterprises changed their organisational structure in the past decades. Nowadays, large-scale enterprises usually have a decentralised structure and use intra-firm pricing and incentive systems. Against this backdrop, Williamson's description of the contract Law regime of intra-firm Trade appears all too general. This paper addresses the question of how contract enforcement in transnational corporations is institutionally organized on the basis of preliminary results of expert interviews conducted with officials from transnational corporations. In a first step we illustrate that conflicts originating in intra-firm transactions are basically of the same type and nature than conflicts arising out of market transactions. We argue that the settlement of these disputes is of relevance both for legal (e.g. corporate and tax Law) and economic reasons (e.g. coordination, control and motivation functions of profit centers). In a second step we analyze the governance mechanisms which are employed by transnational corporations to resolve intra-firm Trade conflicts.
