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International Tax as International Law

Author

Listed:
  • Reuven Avi-Yonah

    (University of Michigan)

Abstract

The purpose of this article is to introduce to the international lawyer the somewhat different set of categories (e.g., residence and source rather than nationality and territoriality) employed by international tax lawyers, and explain the reasons for some of the differences. At the same time, it attempts to persuade practicing international tax lawyers and international tax academics that their field is indeed part of international law, and that it would help them to think of it this way. For example, knowledge of the Vienna Convention on the Law of Treaties would help international tax lawyers in interpreting tax treaties, and avoid some common mistakes.

Suggested Citation

  • Reuven Avi-Yonah, "undated". "International Tax as International Law," University of Michigan John M. Olin Center for Law & Economics Working Paper Series umichlwps-1006, University of Michigan John M. Olin Center for Law & Economics.
    • Handle: RePEc:bep:uomlwp:umichlwps-1006
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    File URL: http://law.bepress.com/cgi/viewcontent.cgi?article=1006&context=umichlwps
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    Cited by:

    1. James Nebus, 2019. "Will tax reforms alone solve the tax avoidance and tax haven problems?," Journal of International Business Policy, Palgrave Macmillan, vol. 2(3), pages 258-271, September.
    2. Avi-Yonah, Reuven S., 2001. "Globalization and tax competition: implications for developing countries," Revista CEPAL, Naciones Unidas Comisión Económica para América Latina y el Caribe (CEPAL), August.
    3. Richard M. Bird, 2016. "Reforming International Taxation: Is the Process the Real Product?," Hacienda Pública Española / Review of Public Economics, IEF, vol. 217(2), pages 159-180, June.
    4. Charles McLure Jr., 2008. "Harmonizing Corporate Income Taxes in the US and the EU: Legislative, Judicial, Soft Law and Cooperative Approaches," CESifo Forum, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 9(02), pages 46-52, July.
    5. Hearson, Martin, 2018. "Transnational expertise and the expansion of the international tax regime: imposing ‘acceptable’ standards," LSE Research Online Documents on Economics 88351, London School of Economics and Political Science, LSE Library.
    6. Michael P. Devereux & John Vella, 2015. "Are We Heading towards a Corporate Tax System Fit for the 21st Century?," ifo DICE Report, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 12(04), pages 03-07, January.
    7. Rixen, Thomas, 2008. "Politicization and institutional (non-) change in international taxation [Politisierung und institutioneller (Nicht-)Wandel des internationalen Steuerregimes]," Discussion Papers, Research Unit: Global Governance SP IV 2008-306, WZB Berlin Social Science Center.
    8. Richard M. Bird, 2014. "Global Taxes and International Taxation: Mirage and Reality," International Center for Public Policy Working Paper Series, at AYSPS, GSU paper1429, International Center for Public Policy, Andrew Young School of Policy Studies, Georgia State University.
    9. Leibrecht, Markus & Rixen, Thomas, 2020. "Double Tax Avoidance and Tax Competition for Mobile Capital," SocArXiv dgw5k, Center for Open Science.
    10. Rixen, Thomas, 2010. "From Double Tax Avoidance to Tax Competition: Explaining the Institutional Trajectory of International Tax Governance," SocArXiv aut7j, Center for Open Science.
    11. Omar Sebastián Cabrera Cabrera, 2016. "El Establecimiento Permanente: Especial Énfasis En La Cláusula De Agencia," Books, Universidad Externado de Colombia, Facultad de Derecho, number 849, October.
    12. Naoki Oka, 2021. "Fight against Tax Havens and International Tax Law —New Taxing Right and a Global Minimum Tax—," Public Policy Review, Policy Research Institute, Ministry of Finance Japan, vol. 17(1), pages 1-41, January.
    13. Vega, Alberto, 2012. "International governance through soft law: The case of the OECD transfer pricing guidelines," TranState Working Papers 163, University of Bremen, Collaborative Research Center 597: Transformations of the State.
    14. Robert Bird & Karie Davis-Nozemack, 2018. "Tax Avoidance as a Sustainability Problem," Journal of Business Ethics, Springer, vol. 151(4), pages 1009-1025, September.
    15. Wunder, Haroldene F., 2009. "Tax risk management and the multinational enterprise," Journal of International Accounting, Auditing and Taxation, Elsevier, vol. 18(1), pages 14-28.
    16. ., 2013. "The financial crisis and the politics of international tax cooperation," Chapters, in: The Dynamics of Global Economic Governance, chapter 4, pages 81-110, Edward Elgar Publishing.
    17. Miranda Stewart, 2014. "International Tax, the G20 and the Asia Pacific: From Competition to Cooperation?," Asia and the Pacific Policy Studies, Wiley Blackwell, vol. 1(3), pages 484-496, September.
    18. Philipp Genschel & Achim Kemmerling & Eric Seils, 2011. "Accelerating Downhill: How the EU Shapes Corporate Tax Competition in the Single Market," Journal of Common Market Studies, Wiley Blackwell, vol. 49(3), pages 585-606, May.
    19. Clarke, Thomas & Jarvis, Walter & Gholamshahi, Soheyla, 2019. "The impact of corporate governance on compounding inequality: Maximising shareholder value and inflating executive pay," CRITICAL PERSPECTIVES ON ACCOUNTING, Elsevier, vol. 63(C).
    20. Reuven Avi-Yonah & Haiyan Xu, 2018. "China and BEPS," Laws, MDPI, vol. 7(1), pages 1-26, January.
    21. Sol Picciotto, . "International tax, regulatory arbitrage and the growth of transnational corporations," UNCTAD Transnational Corporations Journal, United Nations Conference on Trade and Development.
    22. Constanza Blanco Barón, 2019. "Discusiones contemporáneas del derecho económico. Serie de derecho Económico n.° 4," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1117, October.
    23. Dov Fischer & Hershey H. Friedman, 2019. "Tone-at-the-Top Lessons from Abrahamic Justice," Journal of Business Ethics, Springer, vol. 156(1), pages 209-225, April.
    24. Joana Andrade Vicente, 2021. "Tax us, if you can: a game theoretic approach to profit shifting within the European Union," Working Papers REM 2021/0206, ISEG - Lisbon School of Economics and Management, REM, Universidade de Lisboa.

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