Law Without Order In Chinese Corporate Governance Institutions,
2010
Northwestern Pritzker School of Law
Law Without Order In Chinese Corporate Governance Institutions, Donald C. Clarke
Northwestern Journal of International Law & Business
The substantive norms of Chinese corporate governance have been studied extensively inside and outside China. Yet much less attention has been paid to the Chinese institutional environment that determines whether and how far those norms will be made meaningful. While complaints about general lack of enforcement are common, less common are analyses that concretely tie institutional capacity to specific enforcement problems. This Article aims to fill that gap. It surveys a number of state and non-state channels for the enforcement of corporate governance rules and standards in China, from markets to regulatory bodies, looking at the specific capacities of each. …
Lowering The Cost Of Rent: How Ifrs And The Convergence Of Corporate Governance Standards Can Help Foreign Issuers Raise Capital In The United States And Abroad,
2010
Northwestern Pritzker School of Law
Lowering The Cost Of Rent: How Ifrs And The Convergence Of Corporate Governance Standards Can Help Foreign Issuers Raise Capital In The United States And Abroad, Kyle W. Pine
Northwestern Journal of International Law & Business
Since the early 1990s the United States has experienced a dramatic growth in the number of foreign firms choosing to trade their shares in U.S. markets. Meanwhile, Europe and other markets have not experienced this effect to the same extent. there has been an observable worldwide growth in stock market capitalization since the 1990s with an increasing number of foreign issuers choosing to cross-list their shares abroad, usually in the United States. Traditional explanations for why firms choose to cross-list have focused primarily on access to trade in more liquid markets. A more convincing theory for why firms cross-list, attributed …
Incremental International Tax Reform: A Review Of Selected Proposals,
2010
Northwestern University School of Law
Incremental International Tax Reform: A Review Of Selected Proposals, David L. Cameron, Philip F. Postlewaite
Northwestern Journal of International Law & Business
Business people, tax practitioners, and legal academics generally agree that the United States' international tax regime is broken. Criticisms abound that the system is overly complicated, disadvantageous to American businesses competing in a global economy, and frequently subject to manipulation and abuse. In the recent past, individuals and groups across the political spectrum have proposed numerous reforms to address these problems, some of which seek simply to modify current requirements while others jettison the current system in favor of dramatic alternatives. Two of the more ambitious proposals regarding international tax reform have centered on implementing changes that would significantly modify …
Rethinking The Foreign Direct Investment Process And Incentives In Post-Conflict Transition Countries,
2010
Northwestern Pritzker School of Law
Rethinking The Foreign Direct Investment Process And Incentives In Post-Conflict Transition Countries, Kojo Yelpaala
Northwestern Journal of International Law & Business
Burdened by the remnants of conflict, continuing threats of security lapses, significant market failures and weak institutions, post-conflict transition countries can hardly be described as normal economies. The task of transforming them into vibrant, productive, and self-sustaining economies is no simple assignment. Constructing the blueprint for reconstruction and economic development requires creativity of the first order. Conventional theories or pure neo-liberal market driven policy levers preached by the Washington Consensus Group are not likely to be productive. The design of the investment regime for development should therefore focus on non-conventional policy constructs. Contrary to the received theories, the history and …
Of All Things Made In America Why Are We Exporting The Penn Central Test,
2010
Northwestern Pritzker School of Law
Of All Things Made In America Why Are We Exporting The Penn Central Test, Anthony B. Sanders
Northwestern Journal of International Law & Business
Developing countries enter into bilateral investment treaties ("BITs") in order to increase foreign direct investment ("FDI"). Ignoring this straightforward fact has led to a great deal of confusion in the assessment of BITs and their protection of regulatory takings. This article addresses the question of how a BIT should approach regulatory takings with the purpose of increasing FDI in mind. It explores the background of the United States Supreme Court's Penn Central test and the test's incorporation into the post-NAFTA round of U.S. BITs. Then, the article examines whether an uncertain and flexible test such as Penn Central is suitable …
Inversions Under Section 7874 Of The Internal Revenue Code: Flawed Legislation, Flawed Guidance,
2010
Northwestern Pritzker School of Law
Inversions Under Section 7874 Of The Internal Revenue Code: Flawed Legislation, Flawed Guidance, Jefferson P. Vanderwolk
Northwestern Journal of International Law & Business
The Obama Administration's international tax proposals would, if enacted, be likely to increase the U.S. tax costs of many multinational groups that are owned by a U.S. entity. One possible response by the managers or owners of such a group would be to restructure the group via an inversion transaction so that the group would have a foreign corporate parent instead of a US parent entity. Inversions were in vogue in the late 1990s and the early years of this decade until Congress passed the American Jobs Creation Act of 2004, adding section 7874 to the Internal Revenue Code. The …
Credit Vs. Exemption: A Comparative Study Of Double Tax Relief In The United States And Japan,
2010
Northwestern Pritzker School of Law
Credit Vs. Exemption: A Comparative Study Of Double Tax Relief In The United States And Japan, Lawrence Lokken, Yoshimi Kitamura
Northwestern Journal of International Law & Business
The overriding issue in international taxation is the problem of double taxation. Under the tax laws of most countries, income may be taxed on the basis of either residence or source. That is, a country may tax residents of the country on worldwide income and may tax nonresidents on income from sources within the country. Thus, if a resident of one country has income from a business activity or investment in another country, the person may be taxed on the income on a residence basis by its home country and on a source basis in the other country. Most countries …
U.S. International Tax System At A Crossroads,
2010
Northwestern Pritzker School of Law
U.S. International Tax System At A Crossroads, Barbara Angus, Tom Neubig, Eric Solomon, Mark Weinberger
Northwestern Journal of International Law & Business
The current U.S. international tax system, the administration's international tax proposals, and other potential international tax reforms all have ramifications for U.S. businesses, American workers, and the U.S. economy that must be fully discussed and understood. This report focuses on some of the most important facts and perspectives that should be considered as part of that discussion. This process starts by asking, at a minimum, questions like these: (1) How have the dynamics of the global economy changed? (2) What role should differences between the U.S. tax system and those of other countries play in determining an advantageous international tax …
The Significance Of South-South Bits For The International Investment Regime: A Quantitative Analysis,
2010
Northwestern Pritzker School of Law
The Significance Of South-South Bits For The International Investment Regime: A Quantitative Analysis, Lauge Skovgaard Poulsen
Northwestern Journal of International Law & Business
Initially, bilateral investment treaties ("BITs") were intended as legal instruments to promote and protect investments from rich capital exporting states to the developing world. While BITs signed between developing countries (hereinafter South-South BITs) began to emerge from the mid-1960s onwards with the 1964 Kuwait-Iraq BIT, a typical BIT was until recently negotiated between a developed and a developing country (hereinafter North-South BITs). In order to examine these questions, this paper will investigate whether there are systematic differences in investment-rule making between South-South and North-South BITs. As noted by UNCTAD in its cursory review of South-South BITs, such an analysis has …
Transfer Pricing And Fin 48: Removing Uncertainty Through The Advanced Pricing Agreement Process,
2010
Northwestern Pritzker School of Law
Transfer Pricing And Fin 48: Removing Uncertainty Through The Advanced Pricing Agreement Process, Christopher Capuzzi
Northwestern Journal of International Law & Business
The increasing globalization of companies is indisputable, and the multinational enterprise offers many heuristic challenges. Among these are jurisdiction-specific taxation and accounting standards and principles. Enterprises often operate without regard to legal entity structures but rather along business lines. While entities may operate without regard to jurisdictional lines, local taxing and accounting regimes are steadfast on ensuring adherence to their respective principles. Chief among these is ensuring that there is a proper allocation of the tax base. The proper allocation of the tax base has long been at the forefront of concerns, so much so that normative transfer pricing principles …
Coping With Uncertainty: The Role Of Contracts In Russian Industry During The Transition To The Market,
2010
Northwestern Pritzker School of Law
Coping With Uncertainty: The Role Of Contracts In Russian Industry During The Transition To The Market, Kathryn Hendley
Northwestern Journal of International Law & Business
In the decade following the collapse of the Soviet Union, Russia earned a reputation for being a chaotic environment for business. Some commentators went so far as to label it as the "Wild East," a scary place where law was largely irrelevant and criminal gangs held sway. In a series of articles, I have begun to fill this gap in the literature by exploring the day-to-day reality of life for industrial enterprises in Yeltsin's Russia. The picture that emerges is more nuanced than the stereotype of industry beholden to the mafia that the popular media has perpetuated. In this article, …
International Tax Reform Should Begin At Home: Replace The Corporate Income Tax With A Territorial Expenditure,
2010
Northwestern Pritzker School of Law
International Tax Reform Should Begin At Home: Replace The Corporate Income Tax With A Territorial Expenditure, William B. Barker
Northwestern Journal of International Law & Business
The present U.S. system of international taxation is riddled with problems because it does not satisfy critical principles of economics, justice, or common sense. It fails to accomplish the most important goals that an international system should achieve - that is, protecting the domestic tax base in a way that fosters domestic economic development and the creation of jobs. This paper explores alternatives to the present system to see if they do a better job. Some of the alternatives fail for the same reasons as the present system because they are predicated on the same outmoded theories. Some are clearly …
Table Of Contents,
2010
Loyola University Chicago, School of Law
Table Of Contents, International Law Review
Loyola University Chicago International Law Review
No abstract provided.
The Emperor's Clothes: Evaluating Head Of State Immunity Under International Law,
2010
Texas A&M University School of Law
The Emperor's Clothes: Evaluating Head Of State Immunity Under International Law, Mary Margaret Meg Penrose
Santa Clara Journal of International Law
No abstract provided.
Masthead,
2010
Case Western Reserve University School of Law
Masthead, Volume 43 Issue 2 (2010)
Case Western Reserve Journal of International Law
No abstract provided.
Volume 43 Issue 1 (2010),
2010
Case Western Reserve University School of Law
Volume 43 Issue 1 (2010), Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
Foreword,
2010
Case Western Reserve University School of Law
Foreword, Robert N. Strassfeld, Cheryl Ough
Case Western Reserve Journal of International Law
No abstract provided.
Digital Multi-Media And The Limits Of Privacy Law,
2010
Case Western Reserve University School of Law
Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton
Case Western Reserve Journal of International Law
No abstract provided.
Unlimited Power: They The President's (Warrantless) Surveillance Program Is Unconstitutional,
2010
Case Western Reserve University School of Law
Unlimited Power: They The President's (Warrantless) Surveillance Program Is Unconstitutional, Raymond Shih Ray Ku
Case Western Reserve Journal of International Law
No abstract provided.
The Curious Career Of Lawfare,
2010
Case Western Reserve University School of Law
The Curious Career Of Lawfare, Wouter G. Werner
Case Western Reserve Journal of International Law
No abstract provided.
