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Full-Text Articles in Law

Individualism In The Age Of Internationalism, Alyson Cole May 2001

Individualism In The Age Of Internationalism, Alyson Cole

Michigan Law Review

In the brief conclusion to The Empowered Self: Law and Society in the Age of Individualism, Thomas M. Franck asserts that he cannot satisfactorily summarize his book's argument. Even if it were achievable, he clarifies, he would not engage in such an endeavor, since it would "preempt the reader's autonomy and subvert his or her individual rights" (p. 278). That the author himself rejects the desirability of doing what reviewers generally do (i.e., condense and inevitably simplify complex tomes) is perhaps a somewhat awkward way to commence a discussion of his book. Nevertheless, this comment illustrates the extent to which …


Laws As Treaties?: The Constitutionality Of Congressional-Executive Agreements, John C. Yoo Feb 2001

Laws As Treaties?: The Constitutionality Of Congressional-Executive Agreements, John C. Yoo

Michigan Law Review

Only twice in the last century, in 1919 with the Treaty of Versailles, and two years ago with the comprehensive Nuclear Test-Ban Treaty, has the Senate rejected a significant treaty sought by the President. In both cases, the international agreement received support from a majority of the Senators, but failed to reach the two-thirds supermajority required by Article II, Section 2, of the Constitution. The failure of the Versailles Treaty resulted in a shattering defeat for President Wilson's vision of a new world order, based on collective security and led by the United States. Rejection of the Test-Ban Treaty amounted …


Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah Jan 2001

Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah

Articles

This article analyses the effects of tax competition on developing countries. Since the 1980s, globalization and greater capital mobility have led many developing countries to adopt the policy of competing with one another to attract capital investment. One of the main forms taken by this competition has been the granting of tax holidays and other tax reductions to investing multinationals. This paper reviews the normative arguments for and against this type of tax competition, from a global perspective. It then examines these arguments in depth from the point of view of developing countries. The conclusion in general is that, since …


Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah Jan 2001

Globalization And Tax Competition: Implications For Developing Countries, Reuven S. Avi-Yonah

Articles

The current age of globalization can be distinguished from the previous one (from 1870 to 1914) by the much higher mobility of capital than labor (in the previous age, before immigration restrictions, labor was at least as mobile as capital). This increased mobility has been the result of technological changes (the ability to move funds electronically), and the relaxation of exchange controls. The mobility of capital has led to tax competition, in which sovereign countries lower their tax rates on income earned by foreigners within their borders in order to attract both portfolio and direct investment. Tax competition, in turn, …