Recently,Chinese President Xi Jinping called for reducing investmentrisks within jurisdictions of the Belt and Road Initiative(BRl).In this article,of whichthe second part will be published in a forthcoming issue of t...Recently,Chinese President Xi Jinping called for reducing investmentrisks within jurisdictions of the Belt and Road Initiative(BRl).In this article,of whichthe second part will be published in a forthcoming issue of the Belt and Road InitiativeTax Journal,we aspire to respond to that call by focusing on one of the overarchingand yet vastly under-explored areas of high relevance for reducing risks of investments:the interplay between tax policy and investment treaty protection.Our claimis that a wise tax policy factors in the impact of investment protection standardsunder international investment agreements(IIAs)on tax measures.To this end,it isadvisable that ministries responsible for tax policy cooperate with those in chargefor developing investments whenever tax measures concern inbound or outboundinvestments.In parallel,"tax administrations could develop technical expertise withrespect to IIA disciplines through closer interaction with government departments incharge of the negotiation oflAs and the defence of investor-state dispute settlement(ISDS)cases and vice versa."展开更多
4.An Introduction to Clash Between Tax Policy and Investment Treaty Protection-Abuse of a State’s Fiscal Powers The standards of investment treaty protection need to be carefully examined vis-à-vis tax policy go...4.An Introduction to Clash Between Tax Policy and Investment Treaty Protection-Abuse of a State’s Fiscal Powers The standards of investment treaty protection need to be carefully examined vis-à-vis tax policy goals.Otherwise tax measures emanating from such goals can clash with those standards.The late Professor Thomas Wälde called such clashes the red flags arising from the conduct of host states in taxation matters viewed against investment protection mechanisms.展开更多
文摘Recently,Chinese President Xi Jinping called for reducing investmentrisks within jurisdictions of the Belt and Road Initiative(BRl).In this article,of whichthe second part will be published in a forthcoming issue of the Belt and Road InitiativeTax Journal,we aspire to respond to that call by focusing on one of the overarchingand yet vastly under-explored areas of high relevance for reducing risks of investments:the interplay between tax policy and investment treaty protection.Our claimis that a wise tax policy factors in the impact of investment protection standardsunder international investment agreements(IIAs)on tax measures.To this end,it isadvisable that ministries responsible for tax policy cooperate with those in chargefor developing investments whenever tax measures concern inbound or outboundinvestments.In parallel,"tax administrations could develop technical expertise withrespect to IIA disciplines through closer interaction with government departments incharge of the negotiation oflAs and the defence of investor-state dispute settlement(ISDS)cases and vice versa."
文摘4.An Introduction to Clash Between Tax Policy and Investment Treaty Protection-Abuse of a State’s Fiscal Powers The standards of investment treaty protection need to be carefully examined vis-à-vis tax policy goals.Otherwise tax measures emanating from such goals can clash with those standards.The late Professor Thomas Wälde called such clashes the red flags arising from the conduct of host states in taxation matters viewed against investment protection mechanisms.
