Squaring the Circle : The Role of the OECD Commentaries

Squaring the Circle : The Role of the OECD Commentaries
Author: Dachi Kinkladze
Publisher: LAP Lambert Academic Publishing
Total Pages: 52
Release: 2015-08-27
Genre:
ISBN: 9783659772474

Download Squaring the Circle : The Role of the OECD Commentaries Book in PDF, Epub and Kindle

There are lots of debates concerning the exact role of OECD Commentaries in tax treaty interpretation process. The current work tries to asses the role of the commentaries for interpretation of DTAs concluded between Non-OECD and OECD states. In order to reach the above goal the legal status of the OECD Commentaries under public international law in particular the interrelation of the Commentaries with the Articles of 31 and 32 of the Vienna Convention is discussed. The great importance is attached to the case law analysis of the Non-OECD states to find out how the courts consider the Commentaries and to what extent they are bound with it. The work also triggers the problem of ambulatory and static interpretation of the Commentaries as well as the problem of using "foreign law" in different legal traditions.

The Role of Climate Change in Global Economic Governance

The Role of Climate Change in Global Economic Governance
Author: Bradly J. Condon
Publisher:
Total Pages: 285
Release: 2013-08-22
Genre: Business & Economics
ISBN: 0199654557

Download The Role of Climate Change in Global Economic Governance Book in PDF, Epub and Kindle

Climate change represents an unprecedented challenge, the effects of which require an urgent and effective international response. This book analyses its effect on both developing and developed countries from an economic, financial, and legal perspective, assessing its interaction with international economic law.

OECD Commentaries Under the Vienna Rules

OECD Commentaries Under the Vienna Rules
Author: M. Nieminen
Publisher:
Total Pages:
Release: 2014
Genre:
ISBN: 9789529342723

Download OECD Commentaries Under the Vienna Rules Book in PDF, Epub and Kindle

The role of the Commentaries to the OECD Model Tax Convention in the interpretation of tax treaties is one of the most controversial issues in international taxation. This research analyses the relevance of the OECD Commentaries in tax treaty interpretation from the perspective of Articles 31-32 of the 1969 Vienna Convention on the Law of Treaties, which include generally applicable rules on treaty interpretation.

The Use of OECD Commentaries as Interpretative Aids

The Use of OECD Commentaries as Interpretative Aids
Author: Ulf Linderfalk
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

Download The Use of OECD Commentaries as Interpretative Aids Book in PDF, Epub and Kindle

Since many years, international tax law experts debate the relevance of changes to OECD Commentaries for the purpose of the interpretation of previously concluded tax treaties. Although, generally, most experts seem averse to the idea of an ambulatory approach to the usage of OECD Commentaries, they are reluctant to exclude this idea altogether. Such a position raises an important issue of justification: When exactly should the ambulatory approach be taken? As argued in this essay, the proper answer to this question depends on the particular rule of interpretation justifying the usage of OECD Commentaries in particular cases. If Commentaries are used according to Article 32 of the VCLT as part of the circumstances of the conclusion of a tax treaty, then because of the very nature of this means of interpretation, a static approach would have to be taken. If, instead, Commentaries are used to determine the ordinary meaning of the terms of a tax treaty, or its object and purpose; or if Commentaries are used based on Article 31, paragraph 3(b) of the VCLT; then the VCLT confers on interpreters a discretion. This discretion is limited by the principle of good faith, which means that interpreters will have to continue searching for the intention of treaty parties. Although this search can be rationalized as the application of general factors, as argued in this article, no choices between a static or an ambulatory approach can be made other than relative to particular cases, based on an overall assessment taking all applicable factors into account. Readers should contrast this conclusion with the position of many international tax law experts, who argue that such choices can be dealt with conclusively by the adoption of some or other general principle.

Commentary

Commentary
Author:
Publisher:
Total Pages: 610
Release: 1975
Genre: Jews
ISBN:

Download Commentary Book in PDF, Epub and Kindle

The Elgar Companion to Urban Infrastructure Governance

The Elgar Companion to Urban Infrastructure Governance
Author: Finger, Matthias
Publisher: Edward Elgar Publishing
Total Pages: 448
Release: 2022-04-22
Genre: Business & Economics
ISBN: 1800375611

Download The Elgar Companion to Urban Infrastructure Governance Book in PDF, Epub and Kindle

A comprehensive overview of the governance of urban infrastructures, this Companion combines illustrative cases with conceptual approaches to offer an innovative perspective on the governance of large urban infrastructure systems. Chapters examine the challenges facing urban infrastructure systems, including financial, economic, technological, social, ecological, jurisdictional and demand.

The Ocean Economy in 2030

The Ocean Economy in 2030
Author: OECD
Publisher: OECD Publishing
Total Pages: 256
Release: 2016-04-27
Genre:
ISBN: 9264251723

Download The Ocean Economy in 2030 Book in PDF, Epub and Kindle

This report explores the growth prospects for the ocean economy, its capacity for future employment creation and innovation, and its role in addressing global challenges. Special attention is devoted to the emerging ocean-based industries.

The Guardian Index

The Guardian Index
Author:
Publisher:
Total Pages: 2024
Release: 1999
Genre: Guardian (Manchester, England)
ISBN:

Download The Guardian Index Book in PDF, Epub and Kindle

Arm’s Length Transaction Structures

Arm’s Length Transaction Structures
Author: Andreas Bullen
Publisher: IBFD
Total Pages: 925
Release: 2011
Genre: Corporations
ISBN: 9087221177

Download Arm’s Length Transaction Structures Book in PDF, Epub and Kindle

This book examines the authority to restructure and to disregard controlled transactions based on the arm's length principle. The book, thus, examines the outer limits of the adjustment authority granted by the arm's length principle as opposed to its core area of application (price adjustments).