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Tax Competition And Tax Cooperation: A Survey And Reassessment, Hugh J. Ault Jan 2019

Tax Competition And Tax Cooperation: A Survey And Reassessment, Hugh J. Ault

Boston College Law School Faculty Papers

No abstract provided.


Chart Of Cases With Third Party Funding, Kirrin Hough Dec 2018

Chart Of Cases With Third Party Funding, Kirrin Hough

Law and Justice in the Americas Working Paper Series

Spreadsheet listing cases where investors sued foreign governments under international investment treaties, and where the case was funded on the investor's side by third parties.


Rethinking International Investment Governance: Principles For The 21st Century, Frank J. Garcia, Emma Aisbett, Bernali Choudhury, Olivier De Schutter, James Harrison, Song Hong, Lise Johnson, Mouhamadou Kane, Santiago Peña, Mattew Porterfield, Susan Sell, Stephen E. Shay, Louis T. Wells Aug 2018

Rethinking International Investment Governance: Principles For The 21st Century, Frank J. Garcia, Emma Aisbett, Bernali Choudhury, Olivier De Schutter, James Harrison, Song Hong, Lise Johnson, Mouhamadou Kane, Santiago Peña, Mattew Porterfield, Susan Sell, Stephen E. Shay, Louis T. Wells

Boston College Law School Faculty Papers

Rethinking International Investment Governance: Principles for the 21st Century - written over the course of a week by a distinguished group of experts in international economic governance using the Booksprint process - aims to serve as a practical resource for those interested in the elements of an international investment system that promotes sustainable development and achieves legitimacy by providing benefits to all stakeholders.

The objective of Rethinking International Investment Governance is to change the terms of the debate so that societal values and goals are at the center of discussions about each reform proposal and process. This book rethinks international investment law ...


Preface, Frank J. Garcia May 2018

Preface, Frank J. Garcia

Boston College Law School Faculty Papers

Preface to the textbook International Trade Law by Giovanni Di Lieto and David Treisman. The preface introduces the reader to the text's interest in the relationship of justice to trade and investment law.


Concluding Chapter: Theories Of Justice And International Trade Law, Frank J. Garcia May 2018

Concluding Chapter: Theories Of Justice And International Trade Law, Frank J. Garcia

Boston College Law School Faculty Papers

Why does a textbook on trade law end with a chapter on justice? By justice I mean that branch of political theory (going back to Aristotle) that concerns itself with the allocative fairness of social institutions, i.e. how rights, resources, privileges and opportunities are divided among those participating in the social enterprise. Why, indeed, has the relationship between justice and international economic law become an increasingly urgent subject of academic and policy debate? First, it has been increasingly recognized that international economic law and its institutions are powerful engines of resource allocation, establishing patterns of distribution for market access ...


Comment On The Draft Report Of The Icca/Queen Mary Task Force On Third Party Funding In International Arbitration, Frank J. Garcia Apr 2018

Comment On The Draft Report Of The Icca/Queen Mary Task Force On Third Party Funding In International Arbitration, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


The Case For An Eu Protagonist Role On Third Party Funding Regulation, Munia El Harti Alonso Apr 2018

The Case For An Eu Protagonist Role On Third Party Funding Regulation, Munia El Harti Alonso

Law and Justice in the Americas Working Paper Series

The Lisbon Treaty has enlarged the EU’s competences in external investment policy. The EU could thus increase its protagonist role in third-party funding (TPF) regulation in a manner analogous to its achievements in the investment regime, where the EU managed to rally the member states behind DG Trade’s vision. A treaty-based analysis combined with a political evaluation suggest the EU is expanding its field of competences either when it has a clear mandate or by establishing a modus vivendi as it has been the case with its external relations, particularly at the United Nations. There is therefore a ...


The Case Against Third-Party Funding In Isds: Executive Summary, Frank J. Garcia, Hyun Ju Cho, Tara Santosuosso, Randall Scarlett, Rachel Denae Thrasher Apr 2018

The Case Against Third-Party Funding In Isds: Executive Summary, Frank J. Garcia, Hyun Ju Cho, Tara Santosuosso, Randall Scarlett, Rachel Denae Thrasher

Boston College Law School Faculty Papers

No abstract provided.


The Regulation Of Third Party Funding: Gathering Data For Future Analysis And Reform, Rachel Denae Thrasher Apr 2018

The Regulation Of Third Party Funding: Gathering Data For Future Analysis And Reform, Rachel Denae Thrasher

Law and Justice in the Americas Working Paper Series

Third-party funding (TPF) is a relatively new phenomenon in the field of international investment arbitration. TPF takes place when a non-party to a dispute provides funding to one of the parties (usually the claimant) in return for a percentage of the amount recovered. International investment arbitration is a unique context, however, because investor-states dispute settlement puts States always in the role of respondent and private investors in the role of claimants. Despite this apparent imbalance, TPF proponents argue, among other things, that it provides much needed access to justice for poorer clients and adds value to the system by providing ...


Third-Party Funding In Investment Arbitration: Misappropriation Of Access To Justice Rhetoric By Global Speculative Finance, Tara Santosuosso, Randall Scarlett Apr 2018

Third-Party Funding In Investment Arbitration: Misappropriation Of Access To Justice Rhetoric By Global Speculative Finance, Tara Santosuosso, Randall Scarlett

Law and Justice in the Americas Working Paper Series

The United Nations Commission on International Trade Law (UNCITRAL) is considering changes to its rules governing international arbitration proceedings. UNCITRAL Working Group III is analyzing possible reforms of the arbitral rules to address the risks associated with the increased prevalence of third-party funded investment arbitration claims. Funders claim that existing regulation is sufficient, arguing in part that funding provides access to justice for impecunious claimants who otherwise would be unable to bring claims. This essay argues that funders’ access to justice reasoning is flawed at best and dangerously misleading at worst. UNCITRAL must take immediate action to address the potential ...


Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia Apr 2018

Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia

Boston College Law School Faculty Papers

Third-party funding of international investment arbitration is on the rise. Through TPF funders will cover the legal fees of investors filing claims under investment treaties in exchange for a portion of the arbitral award. Proponents of third-party funding claim that it provides access to justice for parties that normally would not have the funds to arbitrate against state actors. Given that the international investment law that governs these claims is unbalanced, and that funding only flows towards investor-claimants, and at the expense of states and their taxpayers, allowing third-party funding in investment arbitration risks creating unjustifiable wealth transfers from the ...


Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer Jan 2018

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer

Boston College Law School Faculty Papers

As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has ...


Rethinking Trade Law In An Era Of Trump And Brexit, Frank J. Garcia Jan 2018

Rethinking Trade Law In An Era Of Trump And Brexit, Frank J. Garcia

Boston College Law School Faculty Papers

International trade and economic globalization are in crisis. In the U.S. and elsewhere, current regimes like NAFTA and the EU, and trade deals like the TTIP and the TPP, have become targets for the political backlash against trade and its larger context, economic globalization. Brexit and the 2016 U.S. election remind us that many feel betrayed by current trade policies, that free trade is being imposed on them at their cost but for others’ benefit.

At the heart of this crisis, however, there are as always opportunities. First, we have an opportunity to return to trade’s roots ...


Tpf And Isds: A Public Comment On The Draft Report Of The Icca/Queen Mary Task Force On Third Party Funding In International Arbitration, Frank J. Garcia, Leo Gargne, Eric De Brabandere, Rachel Denae Thrasher, William Park Oct 2017

Tpf And Isds: A Public Comment On The Draft Report Of The Icca/Queen Mary Task Force On Third Party Funding In International Arbitration, Frank J. Garcia, Leo Gargne, Eric De Brabandere, Rachel Denae Thrasher, William Park

Law and Justice in the Americas Working Paper Series

Transcription of a panel at the conference "Reforming International Investment Law: Opportunities, Challenges, Paradigms", sponsored by Boston College Law School and the Pontifical Catholic University of Chile. This transcription was presented in April 2018 as a public comment on the Draft Report of the ICCA/Queen Mary Task Force on Third Party Funding in International Arbitration.


Globalization, Inequality & International Economic Law, Frank J. Garcia Apr 2017

Globalization, Inequality & International Economic Law, Frank J. Garcia

Boston College Law School Faculty Papers

International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality within states and how international law has influenced that reality. From the perspective of international economic law, the inequality issue is closely entwined with the topics of colonialism and post-colonialism, the proper meaning of development, and globalization. While international economic law has undoubtedly contributed to the rise of inequality, it is now vital that the subject of international economic law be ...


Transparency And Disclosure, Diane M. Ring Jan 2017

Transparency And Disclosure, Diane M. Ring

Boston College Law School Faculty Papers

Without a stable and adequate tax base, countries lose the financial capacity to provide the infrastructure, social services and development opportunities important to their citizens. In response, the G20 and the Organisation for Economic Co-operation and Development (OECD) organized the project on Base Erosion and Profit Shifting (BEPS). Much of the project has been focused on substantive law — the rules and practices that can allow the tax base of a country to be eroded and profits to be shifted out of the country. But the project recognizes that improved substantive tax rules alone are not sufficient to guarantee the tax ...


Investment Treaties Are About Justice, Frank J. Garcia Oct 2016

Investment Treaties Are About Justice, Frank J. Garcia

Boston College Law School Faculty Papers

This Perspective argues that investment law is ripe for a paradigm shift away from pure capital protection. Rather, investment law should be recognized as part of a comprehensive global economic governance system for ensuring justice and the rule of law, in this case in the allocation of investment capital.


When International Tax Agreements Fail At Home: A U.S. Example, Diane M. Ring Oct 2016

When International Tax Agreements Fail At Home: A U.S. Example, Diane M. Ring

Boston College Law School Faculty Papers

Over the past two and a half years, the international tax community has focused on the Base Erosion and Profit Shifting Project (BEPS project) undertaken by the Organisation for Economic Co-operation and Development (OECD) at the behest of the G20. According to the OECD, the resulting 2015 agreement involved the direct participation of more than sixty countries. An additional fifty-nine countries indirectly participated through regional dialogues. Furthermore, numerous international organizations are credited with participating in discussions and contributing to the resulting product. But effective implementation of the BEPS agreement requires domestic action of various types — the domestic side of international ...


Geographical Indications, Food Safety, And Sustainability: Challenges And Synergies, David A. Wirth Jul 2016

Geographical Indications, Food Safety, And Sustainability: Challenges And Synergies, David A. Wirth

Boston College Law School Faculty Papers

This paper examines the legal and policy relationships amongst international standards for GIs, food safety requirements, and voluntary claims related to a food’s attributes. The paper addresses those relationships within the context of international trade agreements protecting GIs, such as the 1994 TRIPS Agreement, the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and the chapter on intellectual property and geographical indications in the Transatlantic Trade and Investment Partnership (TTIP) currently under negotiation. Trade agreements also discipline food safety measures and non-GI indications of quality or safety such as “organic” and “GMO-free.” Accordingly, the paper also considers the extent to ...


21st Century Investment Agreements: Justice, Governance And The Rule Of Law, Frank J. Garcia Jul 2016

21st Century Investment Agreements: Justice, Governance And The Rule Of Law, Frank J. Garcia

Boston College Law School Faculty Papers

Investment treaty law can no longer be managed as if it were merely a system of private ordering setting out the protected rights of capital owners. This philosophy has contributed to the ongoing legitimacy crisis affecting investment law today, including the TPP and TTIP negotiations. In response to a similar legitimacy crisis in the 1990s, the international trade system began a profound paradigm shift, recognizing that trade law was not simply a technical regime for liberalizing economic flows, but a system of treaty-based governance for managing transnational economic resources for the good of society as a whole.

Investment law has ...


Convergences: A Prospectus For Justice In A Global Market Society, Frank J. Garcia Jul 2016

Convergences: A Prospectus For Justice In A Global Market Society, Frank J. Garcia

Boston College Law School Faculty Papers

This essay identifies six key legal, economic and governance convergences in 21st century global law and policy: the deepening of the global economy, the worsening of economic inequality, the thickening of global social relationships, the unification of international economic law, the emergence of global law, and the integration of global justice concerns into our ongoing conversation about development. These convergences point towards the emergence of a global market society, with significant consequences for international economic law and its role in helping that emerging society to flourish. The essay concludes with one view of what it will mean to meet that ...


Development, Frank J. Garcia Jan 2016

Development, Frank J. Garcia

Boston College Law School Faculty Papers

Development is about aspiration—our longing for a better life as individuals and as a community—and respect, as we individually and collectively recognize and support these aspirations. Development requires the freedom to define and choose that better life; a fair share of the resources needed to realize that life; and narratives of where we currently stand with regard to our aspirations and why, where we want to go, and what it will take to get there. This means that development inevitably takes place in and through politics, law, and the social sciences (especially economics), as we work to articulate ...


Globalization’S Law: Transnational, Global Or Both?, Frank J. Garcia Jan 2016

Globalization’S Law: Transnational, Global Or Both?, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Geographical Indications, Food Safety, And Sustainability: Challenges And Opportunities, David A. Wirth Mar 2015

Geographical Indications, Food Safety, And Sustainability: Challenges And Opportunities, David A. Wirth

Boston College Law School Faculty Papers

This paper examines the legal and policy relationship reinforcement amongst international standards for GIs, food safety standards, and other claims of quality or safety. The paper addresses those relationships within the context of international trade agreements protecting GIs, such as the 1994 TRIPS Agreement, the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and the chapter on intellectual property and geographical indications in the Transatlantic Trade and Investment Partnership (TTIP) currently under negotiation. Trade agreements also discipline food safety measures and non-GI indications of quality or safety such as “organic” and “GMO-free.” Accordingly, the paper also considers the extent to which ...


Transparency And Disclosure, Diane M. Ring Sep 2014

Transparency And Disclosure, Diane M. Ring

Boston College Law School Faculty Papers

This chapter looks at current and proposed regimes regarding transparency and disclosure (i.e. the means by which countries gather information regarding taxpayer activity). Recent attention focused on the broad problem of base erosion and profit shifting has taken place at the OECD. This chapter addresses these issues from a developing country perspective.


Amended Brief Of Professor Nancy Gertner And Professor Kent Greenfield As Amici Curiae In Support Of Plaintiff, Louisiana Municipal Police Employees' Retirement System V. The Hershey Company, C.A. No. 7996-Ml, Nancy Gertner, Kent Greenfield Mar 2014

Amended Brief Of Professor Nancy Gertner And Professor Kent Greenfield As Amici Curiae In Support Of Plaintiff, Louisiana Municipal Police Employees' Retirement System V. The Hershey Company, C.A. No. 7996-Ml, Nancy Gertner, Kent Greenfield

Boston College Law School Faculty Papers

Amicus brief filed by Nancy Gertner and Kent Greenfield in the case of Louisiana Municipal Police Employees' Retirement System v. The Hershey Company, C.A. No. 7996-ML.


Bretton Woods System, Frank J. Garcia Jan 2014

Bretton Woods System, Frank J. Garcia

Boston College Law School Faculty Papers

Since the mid-twentieth century, global commercial and financial relations and global social policy have been managed through a variety of institutions. Today, these include the World Trade Organization (WTO) and what are popularly called the Bretton Woods Institutions (BWIs): the International Monetary Fund (IMF or Fund) and the World Bank (Bank) (Deacon, 1999). These institutions, together with an associated system for monetary policy and exchange-rate stability centered on the US dollar's convertibility to gold, are collectively known as the Bretton Woods System. Since this initial dollar-peg system ended in the early 1970s, the term most commonly refers only to ...


The World Trade Organization Dispute Over Genetically Modified Organisms: The Precautionary Principle Meets International Trade Law, David A. Wirth Aug 2013

The World Trade Organization Dispute Over Genetically Modified Organisms: The Precautionary Principle Meets International Trade Law, David A. Wirth

Boston College Law School Faculty Papers

“Precaution” is increasingly accepted as a basis for governmental policy in the areas of public health and environment on both the domestic and international levels. A precautionary perspective counsels action to avert danger or threats in situations of scientific uncertainty or incomplete information. Precautionary approaches find expression in internationally harmonized formulations as non-binding exhortations, binding treaties, and meta-level principles. Precaution is a particular challenge to free trade agreements, whose purpose is to eliminate unjustified barriers to trade. In that context, precaution as a justification for a challenged governmental measure may appear to be nothing more than a pretext for protectionism ...


Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia May 2013

Between Cosmopolis And Community: Globalization And The Emerging Basis For Global Justice, Frank J. Garcia

Boston College Law School Faculty Papers

Globalization is fundamentally transforming economic and social relations but its impact has yet to be fully realized in jurisprudence and political theory. In this article I argue that globalization is creating new normative possibilities by developing the social basis for a truly “global” justice, thereby transcending the objections most commonly raised by contractarian and communitarian critics. As globalization reduces or eliminates the role of time and space in many kinds of interactions, we see emerging a new global community, consisting of shared understandings, practices, and traditions capable of supporting obligations of justice at a global level. Members of this global ...


A World Of Choices, David A. Wirth Jan 2013

A World Of Choices, David A. Wirth

Boston College Law School Faculty Papers

In this keynote address, David Wirth identifies fundamental and dynamic attributes of globalisation, examines the need to confront institutional failures and systemic challenges of multilateral governance, and offers some preliminary observations on directions in which global governance might evolve to achieve salutary outcomes that are good for all.