A Multilateral Convention for Tax


Book Description

The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) is the most forceful multilateral initiative to coordinate tax regimes on a worldwide basis since the dawn of modern income taxation over a century ago. This book evaluates two radically opposed viewpoints on the convention—a momentous and revolutionary paradigm shift versus a mechanism that merely continues an ongoing flow of limited policy coordination—with detailed investigations that bring to life the hopes and the realities of the current era of multilateral tax cooperation. Bringing together authors from national jurisdictions across the globe to scrutinize the MLI and its likely future ramifications, the book provides in-depth commentary and analysis in the following sequence: first, a comprehensive discussion of the design and goals of the MLI as a treaty and an institutional framework; second, an overview of the structure of the convention and its take-up across the globe to date; and third, the substantive implementation of the MLI with a wide range of country reports. Practice areas covered include tax law, international law, and international relations. The legal workings and implications of the MLI might still seem mysterious to those whose daily work is impacted by it, and there is as yet little jurisprudence regarding its legal nature or ultimate effect on the bilateral treaties coming within its scope. For these reasons, this pathbreaking book will be warmly welcomed by in-house counsel and law firms advising cross-border investors and firms; nongovernmental organizations involved in policy analysis and issue advocacy; researchers working on technical areas of international tax law; and lawyers interested in international policymaking, including the creation and diffusion of consensus-based fiscal and related regulatory norms across jurisdictions of differing development levels.




The Oxford Handbook of United Nations Treaties


Book Description

This book brings together world experts on the United Nations and international law, to examine not only the content of that legal regime but how it has been transformed since the second half of the twentieth century.




Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law


Book Description

This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. Revisiting the traditional conceptions of the basis of State responsibility and of jurisdiction, the problems of amnesty laws, the prohibitions of jus cogens, the imperative of access to justice in the light of jus cogens, the obligations erga omnes of protection, the provisional measures of protection, locus standi in judicio and the international legal personality of the human person, jus standi and the international legal capacity of the human person, and developments in reparations, are but a few examples of the themes examined in the learned Opinions expressed by Judge Cançado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cançado Trindade at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. The volume includes a Preface by Dean Spielmann and a General Introduction by Andrew Drzemczewski. Two volume set. This title comprises volume 1 & 2. We also offer this title as part of a 3 volume set (isbn 9789004375048).




Human Rights Treaties


Book Description

The book examines patterns of participation in human rights treaties. International relations theory is divided on what motivates states to participate in treaties, specifically human rights treaties. Instead of examining the specific motivations, this dissertation examines patterns of participation. In doing so, it attempts to match theoretical expectations of state behavior with participation. This book provides significant evidence that there are multiple motivations that lead states to participate in human rights treaties.




Withdrawal from Multilateral Treaties


Book Description

Withdrawal from Multilateral Treaties is the first comprehensive and systematic legal analysis of withdrawal. It examines the political and legal framework around treaty making to explain how withdrawal evolved over time and suggests ways to improve conditions for orderly withdrawal.




Negotiating for Water Resources


Book Description

Over 90 per cent of the world population lives in countries that share a river basin with others. Freshwater resources are scarce and different nations, actors and users compete for limited resources in transboundary river basins; often conflicting with each other. Water is a resource with no substitute: it cannot be secured in sufficiently large quantities through long-distance trade deals; and, due to the interconnectivity of the hydrological system, the actions of one country in its water management have a direct bearing on the interests of neighbouring countries. For instance, in the Mekong River Basin, current hydropower and navigation developments in certain countries impact on traditional sources of income such as fisheries, and rice production in others. These kinds of changes in water use have given rise to conflict between countries in that region and others, but have also led, in some cases, to greater cooperation. The past few decades have seen a number of new agreements about the sharing of river resources and cooperation between riparian states. Negotiating for Water Resources explores the drivers of conflict and cooperation between states in transnational river basins. Drawing on extensive fieldwork and interviews on the Mekong, Danube and La Plata River Basins, the book provides a three level analysis across three case studies, including the regional framework (EU, ASEAN and Mercosur), the River Basin Organisations (ICPDR, MRC and CIC) and the micro-level. The key question of the book is: To what extent do power asymmetries prevent or inhibit cooperation between riparian states over water resources? This is linked to the question of how institutions contribute to mitigate competition for natural resources and how states interact in a multilateral arena. Overall, the book argues that cooperation in transboundary river basins is possible even where there are asymmetric power relations, challenging realist assumptions about competition and conflict over resources.




The Oxford Guide to Treaties


Book Description

This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.




Understanding FDI-assisted Economic Development


Book Description

Too much emphasis has been placed on attracting Foreign Direct Investment, and not on understanding how to optimise the benefits for the host economy. This volume aims to encourage and promote research related to these issues.




Building a Treaty on Business and Human Rights


Book Description

This book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty.




Public health


Book Description

Public Health: Local and Global Perspectives is a comprehensive introduction to public health in the Australian and international context.