The phenomenal internationalization of taxation occurring in recent years has called for a second edition of this classic handbook. Even though a quarter of a century has passed, the farsighted first edition has remained in constant use worldwide and has even grown in importance. Now it has been thoroughly updated by the author, who has brought his piercing insight to bear on the current world of international tax law while retaining the book’s practical format, structure of primary materials, and detailed commentary. Emphasizing the need for an international consciousness in relation to issues of taxation, Professor Qureshi focuses extensively on the problems associated with fiscal jurisdiction, international constraints in domestic taxation, double taxation, and tax evasion and avoidance. In particular the following are covered: treaty law with specific reference to taxation; fiscal aspects of international monetary, investment, and trade law; enforcement of international tax claims; exchange of information; assistance in recovery of tax claims; mechanisms for the resolution of international tax disputes; base erosion and profit shifting in the framework of public international law; and contribution of international institutions to fiscal capacity development. Assimilating in one source the basic materials in public international law germane to taxation – including cases, texts of international agreements, discourse in secondary sources, and incisive commentary, all updated to the present – this new edition of the most authoritative and important book in its field will be of immeasurable value to tax practitioners worldwide, national taxation authorities, international institutions, and the international tax community more generally.
Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.
There can be little doubt that a group of prominent and influential organizations lie at the heart of international economic law (IEL). These include the Bretton Woods institutions, regional development banks and economic organizations, and various specialized global institutions primarily active in norm generation. This volume possesses the unique distinction of presenting the perspectives – both institutional and personal – of legal counsels in some key international economic organizations regarding their work and the role of law within the framework of their organizations, with particular attention to the conditions within which they can optimally contribute to the development of IEL. This last consideration is emphasized in three ‘external’ academic perspectives that focus mainly on what the role of counsels in international economic organizations ought to be. Each first-hand perspective focuses on counsel’s involvement in such aspects of IEL as the following: providing internal advice on the law of the organization; assisting members with respect to domestic institutions and law in the economic sphere; to what extent (if any) legal counsels are normally involved in policy making for issues that are not strictly of a legal nature; intellectual contributions both to the development of international law and the dissemination and exchange of legal knowledge among various stakeholders; ethical challenges and response to possible conflicts of interests; generation of soft law economic instruments; legal issues on replenishment of resources for development funding; setting of internationally recognized standards or best practices for commercial and financial legislation; informal networks of lawyers and lawyer functions which cut across institutional and territorial boundaries; and negotiation and management of free trade agreements from a legal perspective.
This book provides insights into the world trading order that is informed by power --- in particular, the unidirectional norm imparting impact of US foreign trade law and practice on its trading partners and non-State actors. In this context, the recent tensions between the US and China, has brought to the fore, several fundamental and systemic questions. Underpinning these is the challenge of accommodating economic power under the rule of international economic law, including inculcating responsibility in its engagement. In the light of the recent US challenges to the world trading order, this timely publication will help us understand how U.S. will continue to shape the international economic order.
Now available as an eBook for the first time, this 1998 book from the Melland Schill series looks at The World Trade Organization, which was set up at the conclusion of the Uruguay Round of Trade Negotiations and came into force on 1 January 1995, forming a pillar of the international trading system. This book explains the legal framework established by the WTO, and explores how it can be made to work in practice. Asif H. Qureshi provides a basic guide to the new WTO code of conduct, and then focuses on implementation. First, he explains the institutional provisions of the WTO through an examination of GATT 1994 and the results of the Uruguay Round. Part Two covers techniques of implementation, and the third section covers the issues and problems of implementation relating to both developing countries and trade "blocs". Finally, Qureshi presents a complementary documentary appendix, including a complete copy of the Marrakesh Agreement establishing the WTO.
This book provides insights into the world trading order that is informed by power --- in particular, the unidirectional norm imparting impact of US foreign trade law and practice on its trading partners and non-State actors. In this context, the recent tensions between the US and China, has brought to the fore, several fundamental and systemic questions. Underpinning these is the challenge of accommodating economic power under the rule of international economic law, including inculcating responsibility in its engagement. In the light of the recent US challenges to the world trading order, this timely publication will help us understand how U.S. will continue to shape the international economic order.
Now available as an eBook for the first time, this 1998 book from the Melland Schill series looks at The World Trade Organization, which was set up at the conclusion of the Uruguay Round of Trade Negotiations and came into force on 1 January 1995, forming a pillar of the international trading system. This book explains the legal framework established by the WTO, and explores how it can be made to work in practice. Asif H. Qureshi provides a basic guide to the new WTO code of conduct, and then focuses on implementation. First, he explains the institutional provisions of the WTO through an examination of GATT 1994 and the results of the Uruguay Round. Part Two covers techniques of implementation, and the third section covers the issues and problems of implementation relating to both developing countries and trade "blocs". Finally, Qureshi presents a complementary documentary appendix, including a complete copy of the Marrakesh Agreement establishing the WTO.
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