The interplay between conflict of laws and international taxation' (2024 Asia-Pacific Colloquium, Melbourne Law School)

The operational mechanics of international taxation and conflict of laws epitomise tolerance, respect and self-reservation towards foreign systems, their sovereign prerogatives and public legal institutions. Both fields reveal deeply formal structures and abstraction from substantive analysis. While the indifference to the substance operates as a rule of thumb, a careful review of the fields’ laws demonstrates that some exceptions apply. These exceptions in the fields of international taxation (such as the instances of severe under taxation) and conflict of laws (such as the exceptional doctrines of public policy and international human rights) question the sterility of norms and outcomes in both disciplines.

Publication Details

Journal
UWA Profiles and Research Repository (UWA)
Published
2024-12-01
Primary Topic
Corporate Taxation and Avoidance
Type
article
Field-Weighted Citation Impact
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article

The interplay between conflict of laws and international taxation' (2024 Asia-Pacific Colloquium, Melbourne Law School)

UWA Profiles and Research Repository (UWA)
Corporate Taxation and Avoidance
article

The interplay between conflict of laws and international taxation' (2024 Asia-Pacific Colloquium, Melbourne Law School)

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Abstract

The operational mechanics of international taxation and conflict of laws epitomise tolerance, respect and self-reservation towards foreign systems, their sovereign prerogatives and public legal institutions. Both fields reveal deeply formal structures and abstraction from substantive analysis. While the indifference to the substance operates as a rule of thumb, a careful review of the fields’ laws demonstrates that some exceptions apply. These exceptions in the fields of international taxation (such as the instances of severe under taxation) and conflict of laws (such as the exceptional doctrines of public policy and international human rights) question the sterility of norms and outcomes in both disciplines.

UWA Profiles and Research Repository (UWA)
Peace, Justice and strong institutions
Openalex Percentile: Top 30%
Corporate Taxation and Avoidance
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The interplay between conflict of laws and international taxation' (2024 Asia-Pacific Colloquium, Melbourne Law School) · UWA Profiles and Research Repository (UWA) (2024) | TGRS Research Map | TGRS