Rethinking Global Tax Governance
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In recent years, effects of financial globalization on state sovereignty have been subject to critical scrutiny. Some argue the process of financial globalization propelled by information revolution and technology innovation has posed potential dangers to countries’ ability to pursue national tax regimes, thereby generating revenue losses and fiscal threats due to taxpayers’ shift in financial activities seeking cross-border tax arbitrage and lower tax jurisdictions. It is further argued that international cooperation to neutralize different tax systems is necessary to enhance national and worldwide welfare. In contrast, others claim that the process of financial globalization has fostered the tax autonomy of nation-state in providing a tax inducement to attract business activities from another country to its jurisdiction. Arguably, the increased mobility of capital has strengthened the state sovereignty over national tax policy leading to international tax competition. At the center of the debate, this paper takes the position that the relationship between financial globalization and national fiscal sovereignty lies somewhere between the globalism that stresses international tax harmonization and cooperation among national tax authorities, and the realism that emphasizes the primacy of nation-state as the central actor. Given the close relationship between globalization and state sovereignty, this paper seeks to address global challenges to national fiscal sovereignty. In this regard, it discusses the pros and cons of tax competition and harmonization in a global era. Then, this study attempts to search for the measures to enhance global governance in the international tax regime. To that end, it takes a traditional approach to analyze the law in terms of pursuing the dual policies of worldwide efficiency and the equitable distribution of the international tax burden. In that regard, it mainly examines the role of the current bilateral tax treaty network based on the OECD Model. Finally, it draws from suggestions that may be useful to those involved in Asian regional cooperation and coordination of tax matters.
Abstract
In recent years, effects of financial globalization on state sovereignty have been subject to critical scrutiny. Some argue the process of financial globalization propelled by information revolution and technology innovation has posed potential dangers to countries’ ability to pursue national tax regimes, thereby generating revenue losses and fiscal threats due to taxpayers’ shift in financial activities seeking cross-border tax arbitrage and lower tax jurisdictions. It is further argued that international cooperation to neutralize different tax systems is necessary to enhance national and worldwide welfare. In contrast, others claim that the process of financial globalization has fostered the tax autonomy of nation-state in providing a tax inducement to attract business activities from another country to its jurisdiction. Arguably, the increased mobility of capital has strengthened the state sovereignty over national tax policy leading to international tax competition. At the center of the debate, this paper takes the position that the relationship between financial globalization and national fiscal sovereignty lies somewhere between the globalism that stresses international tax harmonization and cooperation among national tax authorities, and the realism that emphasizes the primacy of nation-state as the central actor. Given the close relationship between globalization and state sovereignty, this paper seeks to address global challenges to national fiscal sovereignty. In this regard, it discusses the pros and cons of tax competition and harmonization in a global era. Then, this study attempts to search for the measures to enhance global governance in the international tax regime. To that end, it takes a traditional approach to analyze the law in terms of pursuing the dual policies of worldwide efficiency and the equitable distribution of the international tax burden. In that regard, it mainly examines the role of the current bilateral tax treaty network based on the OECD Model. Finally, it draws from suggestions that may be useful to those involved in Asian regional cooperation and coordination of tax matters.
참고문헌 (33)
- Bassinger, Frederick, "A Reference Guide to International Taxation" (1987), Lexington Press
- Hobbes, "Leviathan" (1991), Cambridge University Press
- Smith, "An Inquiry into the Nature and Causes of the Wealth of Nations", Random House
- Avi-Yonah, "The Structure of International Transaction: A Proposal for Simpliflication", Texas Law Review, 74(1301), pp.1306~1313 (1996)
- Avi-Yonah, Reuven, "Globalization, Tax Competition, and the Fiscal Crisis of the Welfare State", Harvard Law Review, 113, pp.1573~ (2000)
- Avi-Yonah, Reuven, "Commentary", Texas Law Review, 53, pp.167~ (2000)
- "Double Tax: Treaties: An Introduction" available at"[URL]
- Brown, "Harmful Tax Competition: The OECD View", George Washington Journal of International Law and Economics, 32, pp.311~ (1999)
- Carlson, "When Cows have Wings: An Analysis of the OECD's Tax Haven Work as it relates to Globalization, Sovereignty and Privacy", John Marshall Law Review, 35, pp.163~ (2002)
- Cockfield, "The Rise of the OECD as Informal World Tax Organization through National Responses to E-Commerce Tax Challenges", Yale Journal of Law and Technology, 8, pp.136~ (2006)
- Dagan, "The Tax Treaties Myth", New York University Journal of International Law and Politics, 24, pp.939~ (2000)
- Hines, "Lessons from Behavioral Responses to International Taxation", National Tax Journal, 52, pp.305~ (1999)
- Horner, "Do we need an International Tax Organization", Tax Notes International, 24, pp.179~ (2001)
- Littlewood, "Tax Competition: Harmful to Whom", Michigan Journal of International Law, 26, pp.411~487
- Martha, "The Jurisdiction to Tax in International Law: Theory and Practice of Legislative Fiscal Jurisdiction" (1989), Kluwer Law and Taxation Publishers
- Melo, "Comment, Taxation in the Global Area: Preventing the Erosion of National Tax Bases or Impinging on Territorial Sovereignty?"", Pace International Law Review, 12, pp.183~ (1998)
- 박인섭, "A Critique of Global Financial Governance and Some Proposals: Implications for East Asia", 아시아연구, 11(2), pp.1~36 (2008), 한국아시아학회
- 박인섭, "The Role of the State as an actor in Global Governance: Implications for East Asia", 아시아연구, 12(2), pp.1~24 (2009), 한국아시아학회
- Raustiala, Kal, "The Architecture of International Cooperation: Trans-governmental Networks and the Future of International Law", Virginia Journal of International Law, 43(1) (2002)
- Roin, Julie, "Taxation without Coordination", Journal of Legal Studies, 31(S61) (2002)
- Rosenbloom, David, "International Tax Arbitrage and the International Tax System", Tax Law Review, 6, pp.137~ (2000)
- Shaviro, Daniel, "Money on the Table?: Responding to Cross-Border Tax Arbitrage", Chicago Journal of International Law, 3, pp.317~ (2002)
- Tanzi, Vito, "Taxation in an Integrating World. Washington", Brookings Institution
- Tanzi, Vito, "Globalization, Technologic Developments, and the Work of Fiscal Termites", Brooklyn Journal of International Law, 26, pp.1261~ (2001)
- Thuronyi, Victor, "International Tax Cooperation and a Multilateral Treaty", Brooklyn Journal of International Law, 26, pp.1641~ (2001)
- Utz, Stephen G, "Tax Harmonization and Coordination in Europe and America", Connecticut Journal of International Law, 2, pp.767~ (1994)
- "A Model Tax Treaty for the Asian-Pacific Region?"available at"[URL]
- Wilson, John, "Theories of Tax Competition", National Tax Journal, 52, pp.269~ (1999)
- OECD, "Model Double Taxation Convention. on Income and Capital" (1977), OECD
- OECD, "Model Double Tax Convention" (1992), OECD
- OECD, "Harmful Tax Competition: An Emerging Global Issues" (1998), OECD
- "The High Level Panel on Financing for Development, "The Zedillo Report" available at"[URL]
- The Thirty-Years Tax War", Tax Notes Today , available at LEXIS Tax Analyst File, "Funk, William M", ~ (2001)