scholarly journals United States – Tax treatment for “Foreign Sales Corporations” Recourse to Arbitration by the United States under Article 22.6 of the DSU and Article 4.11 of the SCM Agreement (WT/DS108/ARB) A Comment

2005 ◽  
Vol 4 (S1) ◽  
pp. 36-63
Author(s):  
Robert Howse ◽  
Damien J. Neven

Some of the legal analysis in this study derives from joint work between Robert Howse and Susan Esserman on this ruling, “Trade disputes quire fairer arbitration,” FT.com, Sep 12, 2002This chapter discusses the decision by the arbitrator on suspension of concessions (“retaliation”) in the dispute between the US and the EU regarding the tax treatment of offshore corporate income under US legislation. By way of background, the first part of the chapter (section 2) describes the operation of the US scheme, including as revised after the first round of WTO rulings.

Publications ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 18
Author(s):  
Mauro G. Carta ◽  
Matthias C. Angermeyer ◽  
Silvano Tagliagambe

The purpose is to verify trends of scientific production from 2010 to 2020, considering the best universities of the United States, China, the European Union (EU), and private companies. The top 30 universities in 2020 in China, the EU, and the US and private companies were selected from the SCImago institutions ranking (SIR). The positions in 2020, 2015, and 2010 in SIR and three sub-indicators were analyzed by means of non-parametric statistics, taking into consideration the effect of time and group on rankings. American and European Union universities have lost positions to Chinese universities and even more to private companies, which have improved. In 2020, private companies have surpassed all other groups considering Innovation as a sub-indicator. The loss of leadership of European and partly American universities mainly concerns research linked to the production of patents. This can lead to future risks of monopoly that may elude public control and cause a possible loss of importance of research not linked to innovation.


Author(s):  
Olena Skrypnyk

In this article to analyzes the policy of the European Union’s «Eastern Partnership». Determined US relation to the initiative of the EU. Characterized four summits the EU «Eastern Partnership» and followed the US response to these summits. The attention to Ukraine’s participation in the summit of the EU and the US position on this issue. Determined that the United States strongly supports the EU initiative «Eastern Partnership», especially in order to spread in the countries of the «Eastern Partnership» democracy, ensure human rights and freedoms, and to improve the socio-economic situation of these countries.


Author(s):  
Елена Цветкова ◽  
Elena Tsvetkova

The main trend of recent years is the complication of tax administration. In order to improve it states develop forms of work with taxpayers, including alternative tax dispute resolution. The author analyses alternative tax dispute resolution that have already developed in Russia and compares them with similar procedures in the United States, the Netherlands and Germany. To the alternative methods that are applied in Russia the author refers tax monitoring and agreement on the settlement of a tax dispute. Tax monitoring is not seen as a form of tax control, but as a mean of resolving and preventing the occurrence of a tax dispute. The conclusion of an agreement between a tax authority and a taxpayer on the settlement of a dispute in court is possible by reaching a compromise on the qualification of relations, on actual circumstances, on the interpretation of the tax rate. The article contains examples of programs that exist in the US and Germany in the sphere of tax dispute resolution. Also issues related to the implementation of the mediation procedure existing in the United States, the Netherlands and Germany and the possibility of their application in Russia are considered. The author emphasizes the impossibility of applying the procedure of mediation in tax disputes in Russia at the moment due to the lack of legislative regulation.


2012 ◽  
Vol 13 (6) ◽  
pp. 607-636
Author(s):  
Mark Humphery-Jenner

Governments periodically receive accusations of over-spending. These accusations are sometimes warranted. Some commentators propose that strict tax and expenditure limits (TELs) and/or balanced budget requirements (BBRs) may resolve excessive expenditure. Governments can implement TELs and BBRs through constitutional amendments, statutory schemes, or non-binding aspirational goals. They have been proposed as a remedy to allegations of over-spending in some European countries. However, it is not entirely clear if TELs or BBRs are effective or will resolve excess expenditure. I analyze TELs and BBRs as implemented in the United States and Australia. I argue that the Australian model of aspirational TELs and BBRs is beneficial if there is a political will to enforce them. However, if there is no such political will, then statutory (as opposed to constitutional) TELs and BBRs best strike a balance of flexibility and constraint.


Author(s):  
Jean-Christophe Bureau ◽  
Luca Salvatici

Abstract This paper provides a summary measure of the possible new commitments in the area of agricultural market access undertaken by the European Union and the United States, using the Trade Restrictiveness Index (TRI) as the tariff aggregator. We take the 2001 bound tariffs as the starting point and attempt to assess how much liberalization in agriculture could be achieved in the European Union and the United States as a result of the present negotiations. We compute the index for 20 agricultural commodity aggregates under the actual commitments assuming a specific functional form for import demand. We compare the present levels of the TRI with three hypothetical cases: a repetition of the same set of tariff cuts commitments of the Uruguay Round according to a EU proposal prior to the 2003 WTO ministerial meeting, a uniform 36% reduction of each tariff, an harmonization ( "Swiss" ) formula based on the initial US proposal.


2019 ◽  
Vol 6 (2) ◽  
pp. 128
Author(s):  
Yingqin Wang

<em>In the aftermath of the Second World War, European integration progressed rapidly. Despite economic performance, the European community is far from playing a major role in security and defense. The catalyst for a European defense policy is the war in Yugoslavia, which shows that Europeans are dependent on Americans. Thus, the EU has the CSDP and has conducted many military and civilian operations. Yet a new wave of academic studies, launched by proponents of American neorealism, argues that the EU is engaged in an attempt to “balance” the US by exploiting the CSDP. By studying European history in terms of security, we find that the balancing theory can not be justified.</em>


Subject The prospects for finalising TTIP. Significance While the EU as a whole -- the European Commission, most member states and a majority of members of the European Parliament (EP) -- appears to remain committed to a wide-ranging agreement with the United States, there are growing indications that public opposition may render the proposed Transatlantic Trade and Investment Partnership (TTIP) agreement politically unviable. Impacts TTIP is estimated to raise the EU's GDP by 0.5%. European governments may decide that such a modest growth boost is not worth the political problems generated by the negotiations. If implemented, its terms could serve as a blueprint for future trade agreements between the EU and other countries. The deal's prospects will be diminished by the US election cycle's appeals to protectionist sentiment.


Subject EU-US ties. Significance Attracting the ire of US President Donald Trump, the US goods trade deficit with the EU has widened since 2009. While Trump blames the imbalance on the EU charging higher tariffs on its US imports than the United States charges on its EU imports, the deficit is instead driven by US demand. Most US-EU trade is between foreign affiliates and the declaration between Trump and European Commission President Jean-Claude Juncker in late July reaffirmed the close economic ties between the two blocs. Impacts The prospects for US exports of LNG to the EU will be higher if Chinese retaliatory restrictions remain in place. The US farm lobby will push for agriculture to be covered in the trade negotiations. The negotiations are unlikely to lead to a return to a comprehensive Transatlantic Trade and Investment Partnership-type deal. Renegotiating US-EU goods trade tariffs will necessarily involve other chapters including services or foreign investment. Escalating trade tariffs would damage the EU but would damage the United States more owing to the size of US-EU cross-border investments.


2015 ◽  
Vol 59 (11) ◽  
pp. 38-46
Author(s):  
A. Kokeev

Relations between Germany, the US and NATO today are the core of transatlantic links. After the Cold War and the reunification of Germany, NATO has lost its former importance to Germany which was not a "frontline state" anymore. The EU acquired a greater importance for German politicians applying both for certain political independence and for establishing of a broad partnership with Russia and China. The task of the European Union Common Foreign and Security Policy (CFSP) development has been regarded by Berlin as a necessary component of the NATO's transformation into a “balanced Euro-American alliance”, and the realization of this project as the most important prerequisite for a more independent foreign policy. Germany’s refusal to support the US invasion of Iraq in 2003 led to the first serious crisis in US Germany relations. At the same time, there was no radical break of the deeply rooted Atlanticism tradition in German policy. It was Angela Merkel as a new head of the German government (2005) who managed to smooth largely disagreements in relations with the United States. Atlanticism remains one of the fundamental foreign policy elements for any German government, mostly because Berlin’s hope for deepening of the European integration and transition to the EU CFSP seems unrealistic in the foreseeable future. However, there is still a fundamental basis of disagreements emerged in the transatlantic relationship (reduction of a military threat weakening Berlin’s dependence from Washington, and the growing influence of Germany in the European Union). According to the federal government's opinion, Germany's contribution to the NATO military component should not be in increasing, but in optimizing of military expenses. However, taking into account the incipient signs of the crisis overcoming in the EU, and still a tough situation around Ukraine, it seems that in the medium-term perspective one should expect further enhancing of Germany’s participation in NATO military activities and, therefore, a growth in its military expenses. In Berlin, there is a wide support for the idea of the European army. However, most experts agree that it can be implemented only when the EU develops the Common Foreign and Defense Policy to a certain extent. The US Germany espionage scandals following one after another since 2013 have seriously undermined the traditional German trust to the United States as a reliable partner. However, under the impact of the Ukrainian conflict, the value of military-political dimension of Germany’s transatlantic relations and its dependence on the US and NATO security guarantees increased. At the same time, Washington expects from Berlin as a recognized European leader a more active policy toward Russia and in respect of some other international issues. In the current international political situation, the desire to expand political influence in the world and achieve a greater autonomy claimed by German leaders seems to Berlin only possible in the context of transatlantic relations strengthening and solidarity within the NATO the only military-political organization of the West which is able to ensure the collective defense for its members against the external threats. However, it is important to take into consideration that not only the value of the United States and NATO for Germany, but also the role of Germany in the North Atlantic Alliance as a “representative of European interests” has increased. The role of Germany as a mediator in establishing the West–Russia relations remains equally important.


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