A Strange Alchemy: Embedding Human Rights in Tax Policy Spillover Assessments

Author(s):  
Nicholas Lusiani ◽  
Mary Cosgrove
Keyword(s):  
Author(s):  
Olivier De Schutter

This chapter discusses the application of human rights law to state tax policy, identifying normative principles by which UN human rights treaty supervisory bodies—like the Committee on Economic, Social and Cultural Rights—can assess whether a state’s tax laws and practices comply with its human rights obligations. In a human rights perspective, state tax policies can be improved in four directions: widening the tax base to finance public services, ensuring progressivity to reduce inequalities, plugging holes in the tax system, and strengthening participation and accountability around tax policy. The chapter then argues that the progressivity of a state’s fiscal policy depends on not only how tax revenues are raised but also how they are spent. It also provides an overview of recent literature on the impacts of tax policy on investment decisions, and traces recent international efforts to curb illicit financial flows.


Author(s):  
Mitchell A. Kane

This chapter assesses the rightful claims of developed and developing countries to portions of the “international tax base.” Existing revenue in developed country coffers and incremental revenue from possible reform of the international tax system are not substitutes. There is a massive difference between developed countries redirecting a portion of existing revenue toward the redress of human rights shortfalls in developing countries on the one hand, and a restructuring of the basic understanding of international tax entitlements such that developing countries have a superior claim to revenues as their own in the first instance on the other. The chapter then proposes three possible ways in which we might rethink tax policy: a recasting of the basic source-residence dichotomy that deeply pervades the existing approach to international taxation; a consideration of tax policy with an eye to duties that nations may hold with respect to one another; and a rethinking of the role of corporate incidence analysis in tax policy.


2009 ◽  
Author(s):  
Ramesh Kumar Tiwari
Keyword(s):  

Sign in / Sign up

Export Citation Format

Share Document