26 resultados para International Tax Regime
Resumo:
Capital controls and exchange restrictions are used to restrict international capital flows during economic crises. This paper looks at the legal implications of these restrictions and explores the current international regulatory framework applicable to international capital movements and current payments. It shows how international capital flows suffer from the lack of a comprehensive and coherent regulatory framework that would harmonize the patchwork of
multilateral, regional, and bilateral treaties that currently regulate this issue. These treaties include the Articles of Agreement of the International Monetary Fund (IMF Articles), the General Agreement on Trade in Services (GATS), free-trade agreements, the European Union treaty, bilateral investment treaties, and the Organization for Economic Co-operation and Development (OECD) Code of Liberalization of Capital Movements (OECD Code of Capital Movement). Each
of these instruments regulate differently capital movements with little coordination with other areas of law. This situation sometimes leads to regulatory overlaps and conflict between different sources of law. Given the strong links between capital movements and trade in services, this paper pays particular attention to the rules of the GATS on capital flows and discusses the policy space available in the GATS for restricting capital flows in times of crisis.
Resumo:
In this article, we argue that a unique South American treaty known as ALBA—the Bolivarian Alliance for the Americas—puts forward a cohesive counter-vision of international law rooted in notions of complementarity and human solidarity. We further argue that Third World Approaches to International Law (TWAIL) scholars might use this initiative as a springboard to push forward a long-overdue reform of the international legal regime. While, on its own, ALBA is unlikely to pose much of a challenge to the structural imbalances that permeate global society, when juxtaposed alongside the many initiatives of the Bolivarian Revolution, it appears to possess signi?cant democratic potential. With both scholarly and popular support, ALBA may even have the capability of sparking a renewal of a united Third World movement.
Resumo:
Legislation conferring copyright protection on paintings, drawings, and photographs for the life of the author plus a seven year post mortem term. The Act was also innovative in de-coupling the copyright term from the event of publication, in providing artists with a new form of ‘moral rights' protection, and in introducing the concept of "originality" as the standard threshold for copyright protection.
The commentary explores the background to the legislation, and in particular, the international copyright regime, the nature of the art market in eighteenth and early nineteenth centuries, the role of the Society of Artists in lobbying for legislative protection, and the impetus which the International Exhibition provided for securing the same. The commentary also considers how the 1862 Bill, in its earliest incarnation, incorporated elements that would have signalled a radical departure from established copyright norms. In particular, the Bill proposed: that copyright protection should not be contingent upon registration; and that protection should be offered on a universal basis, regardless of an artists' nationality, and regardless of where the work in question was created.
Resumo:
The first major governmental review of the national, colonial, and international copyright regime. The commentary explores the background to the Royal Commission and in particular the efforts of the Association for the Protection of the Rights of Authors in lobbying for law reform. The commentary also explores the extent to which debates about free trade and monopoly commended the attention of the Commissioners and provided a challenge to the dominant conception of copyright - that is, copyright as a property right. The Report affirmed that copyright should continue to be regarded as a property right, and acknowledged the need for reform and consolidating legislation. Beyond that, however, the Commissioners were in considerable disagreement as to copyright's purpose and proper scope, with few of the Report's major recommendations receiving the unanimous support of the same.
Resumo:
This article examines the reparation regime of the International Criminal Court in light of its first reparation decision. Based on the reparation jurisprudence established in international law and human rights law to provide victims of international crimes an effective remedy, this article suggests that in order for the International Criminal Court to achieve this objective it needs to go beyond individual criminal responsibility due to its limitations. This article considers the role of reparative complementarity in ensuring an effective remedy to victims of international crimes as part of the reparation regime of the International Criminal Court.
Resumo:
Transport accounts for 22% of greenhouse gas emissions in the United Kingdom and cars are expected tomore than double by 2050. Car manufacturers are continually aiming for a substantially reduced carbonfootprint through improved fuel efficiency and better powertrain performance due to the strict EuropeanUnion emissions standards. However, road tax, not just fuel efficiency, is a key consideration of consumerswhen purchasing a car. While measures have been taken to reduce emissions through stricter standards, infuture, alternative technologies will be used. Electric vehicles, hybrid vehicles and range extended electricvehicles have been identified as some of these future technologies. In this research a virtual test bed of aconventional internal combustion engine and a range extended electric vehicle family saloon car were builtin AVL’s vehicle and powertrain system level simulation tool, CRUISE, to simulate the New EuropeanDrive Cycle and the results were then soft-linked to a techno-economic model to compare the effectivenessof current support mechanisms over the full life cycle of both cars. The key finding indicates that althoughcarbon emissions are substantially reduced, switching is still not financially the best option for either theconsumer or the government in the long run.
Resumo:
This note presents a simple model for prediction of liquid hold-up in two-phase horizontal pipe flow for the stratified roll wave (St+RW) flow regime. Liquid hold-up data for horizontal two-phase pipe flow [1, 2, 3, 4, 5 and 6] exhibit a steady increase with liquid velocity and a more dramatic fall with increasing gas rate as shown by Hand et al. [7 and 8] for example. In addition the liquid hold-up is reported to show an additional variation with pipe diameter. Generally, if the initial liquid rate for the no-gas flow condition gives a liquid height below the pipe centre line, the flow patterns pass successively through the stratified (St), stratified ripple (St+R), stratified roll wave, film plus droplet (F+D) and finally the annular (A+D, A+RW, A+BTS) regimes as the gas rate is increased. Hand et al. [7 and 8] have given a detailed description of this progression in flow regime development and definitions of the patterns involved. Despite the fact that there are over one hundred models which have been developed to predict liquid hold-up, none have been shown to be universally useful, while only a handful have proven to be applicable to specific flow regimes [9, 10, 11 and 12]. One of the most intractable regimes to predict has been the stratified roll wave pattern where the liquid hold-up shows the most dramatic change with gas flow rate. It has been suggested that the momentum balance-type models, which give both hold-up and pressure drop prediction, can predict universally for all flow regimes but particularly in the case of the difficult stratified roll wave pattern. Donnelly [1] recently demonstrated that the momentum balance models experienced some difficulties in the prediction of this regime. Without going into lengthy details, these models differ in the assumed friction factor or shear stress on the surfaces within the pipe particularly at the liquid–gas interface. The Baker–Jardine model [13] when tested against the 0.0454 m i.d. data of Nguyen [2] exhibited a wide scatter for both liquid hold-up and pressure drop as shown in Fig. 1. The Andritsos–Hanratty model [14] gave better prediction of pressure drop but a wide scatter for liquid hold-up estimation (cf. Fig. 2) when tested against the 0.0935 m i.d. data of Hand [5]. The Spedding–Hand model [15], shown in Fig. 3 against the data of Hand [5], gave improved performance but was still unsatisfactory with the prediction of hold-up for stratified-type flows. The MARS model of Grolman [6] gave better prediction of hold-up (cf. Fig. 4) but deterioration in the estimation of pressure drop when tested against the data of Nguyen [2]. Thus no method is available that will accurately predict liquid hold-up across the whole range of flow patterns but particularly for the stratified plus roll wavy regime. The position is particularly unfortunate since the stratified-type regimes are perhaps the most predominant pattern found in multiphase lines.
Resumo:
This study finds evidence that attempts to reduce costs and error rates in the Inland Revenue through the use of e-commerce technology are flawed. While it is technically possible to write software that will record tax data, and then transmit it to the Inland Revenue, there is little demand for this service. The key finding is that the tax system is so complex that many people are unable to complete their own tax returns. This complexity cannot be overcome by well-designed software. The recommendation is to encourage the use of agents to assist taxpayers or simplify the tax system. The Inland Revenue is interested in saving administrative costs and errors by encouraging electronic submission of tax returns. To achieve these objectives, given the raw data it would seem clear that the focus should be on facilitating the work of agents.
Resumo:
The International Brigades are typically viewed as a fighting force whose impetus came from the Comintern, and thus from within the walls of the Kremlin. If the assumption is essentially correct, the broader relation between Stalin’s USSR and the IB has received little attention. This chapter constitutes an empirically-based study of the Soviet role not only in the formation of the IB, but of the Red Army’s collaboration with IB units, and Moscow’s role in the climax and denouement of the brigadistas’ Spanish experience. This study’s principal conclusion is twofold: First, that the creation and sustenance of the IB was part of Stalin’s goal of linking the Loyalist cause with that of the Soviet Union and international communism, a component of a larger geo-strategic gamble which sought to create united opposition to the fascist menace, one which might eventually bring Moscow and the West into a closer alliance. The second conclusion is that the IB, like the broader projection of Soviet power and influence into the Spanish theater, was an overly ambitious operational failure whose abortive retreat is indicative of the basic weakness of the Stalinist regime in the years prior to the Second World War.
Resumo:
The purpose of this article is to explore the concept of “global governance” and the way it applies to the management of international migration by using trafficking of human beings as a case study. Globalization has altered the scene of world politics. A traditional State-centric view of the world order has been overshadowed by the increasing importance of other actors, including the United Nations, multi-national corporations and non-governmental organizations. Globalization has also altered the dynamics of rule making and their enforcement within the international system, in that not only States but also these non-State actors exercise enormous influence. The concept of global governance acknowledges this as it aims to include all the pertinent actors involved. To illustrate this further, the author will use trafficking of human beings as a case study. Two key principles of global governance are participation and accountability. This article will analyse how these principles are reflected and implemented in the regime dealing with the prevention and suppression of trafficking of human beings.