The United States faces an immediate and continuous threat of terrorist attack using weapons of mass destruction, including nuclear weapons. The intelligence function and national security law, including international law -- or more accurately transnational law -- are central to addressing this...

The rapid growth of international economic activity in the recent decades has brought forth a unique and formidable policy challenge. The challenge consists of reconciling two goals which sometimes compete directly with one another: creating a regime that allows economic interaction between...

If interpreted in a strict legal sense, beneficial ownership rules in tax treaties would have no effect on conduit companies because companies at law own their property and income beneficially. Conversely, a company can never own anything in a substantive sense because economically a company is...

This article compares the “brave new” group-wide approach under Action 4 of the G20/OECD Base Erosion and Profit Shifting initiative to the fixed ratio alternative. The conclusion in this article is that the group-wide approach – which is not as novel as some assume – should be...

One of the most notable examples of U.S. tax exceptionalism is the taxation of U.S. citizens and legal permanent residents (LPRs) on their worldwide income, regardless of residence. The United States also imposes broad and increasingly onerous tax and financial reporting obligations on its...

The lack of an identifiable physical location of websites, analogous to that of conventional business entities, presents a most knotty problem of imposition of taxes in international tax laws, since there is a clash of the rules of taxation, namely the residence rule and the source rule....

This paper provides the first-ever detailed analysis of the dispute resolution provisions contained in Japan's burgeoning international investment treaties (BITs and FTAs or EPAs). That development is also located in the context of Japan's inbound and outbound flows in foreign investment and the...

In the United States, union density continues to decline, while income inequality increases. But while union density falls we have experienced the counterintuitive rise in international framework agreements (IFAs), or agreements signed by global union federations (“global unions”) and...

This chapter is the substantively revised and expanded version of the original contribution to the first edition of the Elgar Encyclopedia of Comparative Law (J.Smits, ed. 2006, 738-754). It reviews and discusses the theoretical scholarship of transnational law, going back to Philip Jessup's...

Thin capitalization rules limit firms' ability to deduct internal interest payments from taxable income, thereby restricting debt shifting activities of multinational firms. Since multinational firms can limit their tax liability in several ways, regulation of debt shifting may have an impact on...