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Permanent Establishment for Investors in Private Equity Funds—A Legal Analysis in Light of the Changes to the OECD Model (2017)

capital gains, taxation of carried interest, deductibility of interest expenses and management fees, withholding taxes on interest and dividends, and the applicability of anti-avoidance rules. Moreover, an import issue concerns the question of whether the investment in a private equity fund may create a permanent establishment (PE) for foreign investors. Cf. G. Letizia, International Tax Issues in Relation to Cross-Border Investment Funds , 43 Intertax 8/9, p. 526-530 (2015) and E. Cacciapuoti, Private Equity Funds, Permanent Establishments and Italian Operations

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BEPS Policy Failure—The Case of EU Country-By-Country Reporting1

levels of corporate tax avoidance through media outlets and by direct campaigns and public rallies. They have suggested that income from high-tax jurisdictions is being shifted to low-tax jurisdictions, making it very difficult for nation states to collect fair taxes—leading to a major “tax gap” [ 47 ]. As a result, transnational regulatory organizations have been pressurized to respond. Under instruction from the G20 and G8, the Organization for Economic Cooperation and Development (OECD) took charge of the initiative to tackle global tax avoidance, through the base

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The Brave New (American) World of International Investment Law: Substantive Investment Protection Standards in Mega-Regionals

Trade Organization (WTO), regional trade agreements, and bilateral investment treaties (BITs). To this list, a fourth criterion is sometimes added, namely the ability of the agreement to transform into a pillar of economic governance. See Global Agenda Council on Trade and Foreign Direct Investment, Mega-Regional Trade Agreements: Game-Changers or Costly Distractions for the World Trading System? (2014) 7, available at ; see also Peter Draper, Simon Lacey & Yash

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The Trans-Pacific Partnership

-tpp-agreement-big-things-are-still-possible . of trade and investment agreement. The agreement is also potentially revolutionary in the depth and breadth of its provisions. TPP countries have proclaimed its significant impact in eliminating “more than 98 per cent of tariffs in the TPP region.” Austl. Gov’t., Dep’t Foreign Affairs & Trade, Trans-Pacific Partnership Agreement: Outcomes at a Glance , 1 (last updated Oct. 6, 2015). See also U.S. Trade Representative, The Trans-Pacific Partnership: Overall US Benefits Fact Sheet: TPP eliminates over 18,000 taxes that various countries impose on Made

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Investor-State Dispute Settlement and the Future of the Precautionary Principle

, Investment Treaty Arbitration as a Species of Global Administrative Law , 17 Eur. J. Int’ l 121-50 (2006). As such, both developing and developed states favour investment agreements; developing states, because they facilitate foreign direct investment, and developed states, because they offer an attractive trading platform for private actors - invariably economically important multinational corporations - amongst others, with the introduction of an ISDS mechanism which avoids the diplomatic and political vagaries of state-state settlement‥ However, there are some

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The U.S. Constitution’s Emoluments Clauses: How History, Behavioral Psychology, and the Framers’ Understanding of Corruption All Require an End to President Trump’s Conflicts of Interest

:// See also Jonathan O ’ Connell & Mary Jordan, For Foreign Diplomats, Trump Hotel Is Place to Be , Wash. Post Nov. 18, 2016. In being both a tenant and, as President, arguably chief executive of the entity that owns the old Post Office Building on Pennsylvania Avenue, there is a direct conflict of interest between the President’s private interests and compliance with the rule of law; as Judge Messitte notes in his March 2018

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Regulatory Coherence and Standardization Mechanisms in the Trans-Pacific Partnership

, rules involving the largest amounts of foreign direct investment, rules involving goods or services contributing significantly to U.S. imports or exports, or all rules that the United States notifies to the WTO’s Technical Barriers to Trade Committee. Using the latter approach, one commentator estimates that of the over 3500 rules the United States issues every year, approximately an average of 20% likely has a significant impact on international trade and investment. Id . at 102-07. Nonetheless, each regulatory agency must undertake its own subjective qualitative

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Declaration of War: A Dead Letter or An Invitation to Struggle?

, The Case for Multiple Advocacy in the Making of Foreign Policy , 66 Am. Pol. Sci. Rev. 751 (1972). The President may recommend war, as Franklin Roosevelt did after the bombing of Pearl Harbor, but only Congress may declare war, which it promptly did in a pair of formal statutes. Joint Resolution of Dec. 8 Pub. L. No. 77-328, 55 Stat. 795 (1941) (Japan) and Joint Resolution of Dec. 12 Pub. L. No. 77-331, 55 Stat. 796 (1941) (Germany). Fifty members of the House opposed Wilson’s call for a declaration of war in 1917. Of course, nothing comparable to the Pearl Harbor

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Free Trade Agreements With The United States: 8 Lessons For Prospective Parties From Australia’s Experience

increase in medicine prices, and that data protection provisions delayed the introduction of generic equivalents for 79 percent of new medicines. Oxfam International, All Costs, No Benefits: How TRIPS-Plus Intellectual Property Rules in the U.S.-Jordan FTA Affect Access to Medicines , Oxfam Briefing Paper, 2, 15 (2007). The putative benefits of this treaty promoted at the time of its conclusion were not realised: there was no increased foreign direct investment in Jordan’s pharmaceutical industry, greater research and development or swifter introduction of innovative

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Solving Child Statelessness: Disclosure, Reporting, and Corporate Responsibility

Human Rights and Alleviating Statelessness A range of international treaties and agreements establish the minimum legal standards to which stateless children should be entitled. With the adoption of the United Nations Charter in 1945, the international community established a regime for the protection of basic human rights for all individuals against abuses by foreign sovereigns and by national governments themselves. Id . In the decades following, the Universal Declaration of Human Rights; Universal Declaration of Human Rights, G.A. Res. 217A(III), U.N. GOAR, 3d

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