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Public Country-by-Country Reporting: Corporate Law, Fiscal Law and the Principle of Unanimity 公开国别报告:公司法、财政法与一致原则
Pub Date : 2021-08-31 DOI: 10.2139/ssrn.3914704
W. Schoen
The European Union is in the process to establish “public country-by-country reporting” as a new and wide reaching obligation for multinationals to disclose tax-relevant numbers to a global audience, going beyond the OECD consensus which combined cross-border exchange of reports with confidential treatment by tax authorities. From a legal and institutional point of view the main issue is the correct legal basis for the new directive under the European treaties. Is this a matter of accounting law – which would allow legislation by a qualified majority of Member States under Art.50 TFEU – or is this a matter of tax law – which would require unanimity under Art.115 TFEU? The article shows how the treatment of these issues has been driven rather by political than by legal concerns including a deliberate modification of the directive’s preamble in order to secure a majority vote under Art.50 TFEU.
欧盟(eu)正在将“国别公开报告”(public country-by-country reporting)作为一项新的、广泛适用的义务,要求跨国公司向全球公众披露与税收有关的数字,这超越了经合组织(OECD)将跨境报告交换与税务机关的保密处理结合起来的共识。从法律和制度的角度来看,主要问题是欧洲条约下新指令的正确法律依据。这是会计法的问题吗?会计法允许成员国的特定多数根据第50条进行立法,还是税法的问题?根据第115条,这需要全体一致通过?这篇文章展示了如何处理这些问题,而不是由政治问题而不是法律问题驱动的,包括故意修改指令的序言,以确保根据TFEU第50条获得多数投票。
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引用次数: 1
No Country is an Island: International Cooperation and Climate Change 没有哪个国家是孤岛:国际合作与气候变化
Pub Date : 2021-06-01 DOI: 10.2139/ssrn.3870019
M. Ferrari, M. Pagliari
In this paper we explore the cross-country implications of climate-related mitigation policies. Specifically, we set up a two-country, two-sector (brown vs green) DSGE model with negative production externalities stemming from carbon-dioxide emissions. We estimate the model using US and euro area data and we characterize welfare-enhancing equilibria under alternative containment policies. Three main policy implications emerge: i) fiscal policy should focus on reducing emissions by levying taxes on polluting production activities; ii) monetary policy should look through environmental objectives while standing ready to support the economy when the costs of the environmental transition materialize; iii) international cooperation is crucial to obtain a Pareto improvement under the proposed policies. We finally find that the objective of reducing emissions by 50%, which is compatible with the Paris agreement's goal of limiting global warming to below 2 degrees Celsius with respect to pre-industrial levels, would not be attainable in absence of international cooperation even with the support of monetary policy.
在本文中,我们探讨了与气候相关的减缓政策的跨国影响。具体来说,我们建立了一个由二氧化碳排放产生负生产外部性的两国、两部门(棕色与绿色)DSGE模型。我们使用美国和欧元区的数据来估计模型,并描述了在替代遏制政策下的福利增强均衡。由此产生了三个主要的政策影响:1)财政政策应侧重于通过对污染生产活动征税来减少排放;Ii)货币政策应着眼于环境目标,同时随时准备在环境转型的成本成为现实时支持经济;(3)国际合作对于实现拟议政策下的帕累托改进至关重要。我们最终发现,即使在货币政策的支持下,如果没有国际合作,也无法实现减排50%的目标,这与《巴黎协定》将全球变暖限制在工业化前水平2摄氏度以下的目标是一致的。
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引用次数: 14
The Political Economy of Foreign Sovereign Immunity 外国主权豁免的政治经济学
Pub Date : 2021-03-07 DOI: 10.2139/ssrn.3799676
M. Jamshidi
The Foreign Sovereign Immunities Act (“FSIA”) prohibits civil litigation against foreign states, their agencies, and instrumentalities unless one of several enumerated exceptions to immunity applies. The most important of these exceptions is for the commercial activity of foreign sovereigns. While most scholars and practitioners of the FSIA acknowledge the centrality of the commercial activity exception and its general relationship to capitalism, few have explored in much detail the relationship between the commercial activity exception, or the FSIA more generally, and the capitalist system. This Article fills this gap. Applying a political economy lens, it shows how the statutory framework for private litigation against foreign sovereigns has long been aligned with interests and prerogatives associated with capitalism—as evidenced by the historical evolution of foreign sovereign immunity doctrine and the FSIA’s eventual passage; the central role of the commercial activity exception in the foreign sovereign immunity scheme; and the ways courts have interpreted the commercial activity exception to privilege particular corporate interests and plaintiffs over other types of claims and claimants. While capitalism’s influence on the FSIA is a story that has yet to be fully told, its telling benefits and enriches legal analysis and understanding of the FSIA itself.
《外国主权豁免法》(“FSIA”)禁止针对外国、其机构和机关提起民事诉讼,除非所列举的豁免例外情况之一适用。这些例外中最重要的是外国主权国家的商业活动。虽然FSIA的大多数学者和实践者都承认商业活动例外的中心地位及其与资本主义的一般关系,但很少有人详细探讨商业活动例外或更普遍的FSIA与资本主义制度之间的关系。本文填补了这一空白。运用政治经济学的视角,它展示了长期以来针对外国主权的私人诉讼的法定框架是如何与与资本主义相关的利益和特权保持一致的——外国主权豁免理论的历史演变和FSIA的最终通过证明了这一点;商业活动例外在外国主权豁免计划中的核心作用;法院解释商业活动例外的方式,使特定的公司利益和原告优先于其他类型的索赔和索赔人。虽然资本主义对FSIA的影响是一个尚未被充分讲述的故事,但它的讲述有利于并丰富了对FSIA本身的法律分析和理解。
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引用次数: 0
Extraterritorial Obligations in the United Nations System: U.N. Treaty-Based Bodies 联合国系统的治外法权义务:联合国条约机构
Pub Date : 2021-01-01 DOI: 10.2139/ssrn.3839494
E. Pribytkova
The United Nations is a complex system exhibiting a number of various approaches to regulating, governing and enforcing extraterritorial obligations (ETOs). This chapter focuses on the activity of five U.N. treaty-based bodies aimed at monitoring the implementation of the core international human rights treaties – the Committee on Economic, Social, and Cultural Rights, the Human Rights Committee, the Committee on the Rights of the Child, the Committee on the Elimination of Discrimination Against Women, and the Committee on the Rights of Persons with Disabilities and the manner in which they have reformed international law relating to ETOs. The chapter provides a general overview of the U.N. treaty bodies’ interpretation and classification of ETOs as well as their approach to regulating and enforcing remedial extraterritorial obligations and global obligations, including obligations of extraterritorial cooperation and assistance. Following that, it explores the U.N. treaty bodies’ methods of assigning ETOs to states and non-state actors and their role as accountability mechanisms capable of holding states responsible for breaching their ETOs.
联合国是一个复杂的系统,在管理、管理和执行治外法权义务方面表现出若干不同的办法。本章重点介绍联合国五个以条约为基础的机构——经济、社会和文化权利委员会、人权事务委员会、儿童权利委员会、消除对妇女歧视委员会和残疾人权利委员会——为监督核心国际人权条约的执行情况而开展的活动,以及它们改革与经济贸易协定有关的国际法的方式。本章概述了联合国条约机构对经济贸易协定的解释和分类,以及它们规范和执行补救性治外法权义务和全球义务(包括治外法权合作和援助义务)的方法。随后,本报告探讨了联合国条约机构向国家和非国家行为体分配经济贸易条约的方法,以及它们作为问责机制的作用,使违反经济贸易条约的国家承担责任。
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引用次数: 0
China India in Afghanistan 中国 印度在阿富汗
Pub Date : 2020-05-18 DOI: 10.31014/aior.1991.03.02.182
Muhammad N Akhter, Liu Yuan
At the time the traditional and non-traditional security issues in South Asian and regional dynamics mounting into a complex geopolitical space, India and China are gearing up their regional political and economic outlook somewhat country-specific. For India and China, Afghanistan has been a grey area. Being positioned at the heart of Asia, Afghanistan directly influences the logistic arteries of the whole of Asia. In the framework of possible US withdrawal and ensuing traditional geopolitical rivalry in the region, this article focuses on how India and China carried out or would likely to carry out their joint relations in Afghanistan. It would be interesting to observe the rationale behind their renewed engagement and either it is heading to more people-oriented or towards the new ‘Great Game’. Within this context, this article aims to outline a comprehensive and comparative analysis of India and China’s policy in Afghanistan after 9/11. In which this article argues that despite having some differences in approaches, there is a great possibility for cooperation. This analysis considers both countries’ contemporary political, economic and security engagements, and geopolitical dynamics as a base – which are key variables shaping their present foreign policy towards Afghanistan.
当南亚地区的传统和非传统安全问题以及地区态势逐渐演变为复杂的地缘政治空间时,印度和中国正在针对具体国家调整其地区政治和经济前景。对印度和中国来说,阿富汗一直是一个灰色地带。阿富汗地处亚洲中心,直接影响着整个亚洲的物流动脉。在美国可能撤军以及随之而来的该地区传统地缘政治竞争的框架下,本文重点关注印度和中国如何在阿富汗开展或可能开展联合关系。观察两国重新接触背后的理由,以及两国关系是走向更加以人为本,还是走向新的 "大博弈",将是很有意义的。在此背景下,本文旨在对 9/11 事件后印度和中国的阿富汗政策进行全面的比较分析。本文认为,尽管两国在方法上存在一些差异,但合作的可能性很大。该分析以两国当代的政治、经济和安全参与情况以及地缘政治动态为基础--这些都是影响两国目前对阿富汗外交政策的关键变量。
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引用次数: 0
NORAD: Remaining Relevant 北美防空司令部:保持联系
Pub Date : 2019-11-20 DOI: 10.11575/SPPP.V12I0.68098
M. Dawson
The North American Aerospace Defense Command (NORAD) is now over sixty years old and remains one of the principal institutions in both Canada-U.S. defence relations and the bilateral relationship more generally. Through active participation with our more powerful neighbour in the defence of North America in NORAD, Canada achieves key strategic goals: "defence against help" (from the U.S.) and a voice in our own defence.   NORAD's missions have evolved with the changing geostrategic and technological contexts but remain centred around aerospace warning, aerospace control against air-breathing threats, including terrorist use of aviation and most recently, maritime warning. Two factors necessitate significant modernisation of NORAD's capabilities. First is the challenge posed by revisionist national policies in Russia, China and the so-called rogue states of North Korea and Iran. The second is the adoption in Russia and to a lesser extent in China of a new generation of precision weaponry including long range, stealthy cruise missiles and bombers, low-yield nuclear weapons and advanced conventional weapons. Russia, in particular, has articulated a doctrine of nuclear use suggesting that nuclear weapons might be used to terminate armed conflicts (through escalation) threatening the Russian homeland and neighbourhood. Both North Korea and Iran are developing long range ballistic missiles and North Korea is now a nuclear weapons power; while neither of these states is irrational, their behaviour could be unpredictable.   The ability to blunt coercive strikes directed against North America would be essential to allow time for diplomacy before retaliatory use of force might be politically necessary for a U.S. president. NORAD's existing warning systems and fighter-interceptors are reaching the end of their lives. Their replacement will pose significant policy questions, including choices of technologies, location of sensors, possible public-private partnerships and new or modernised airfields in the Far North of Canada, among others.   The Canadian Government in its defence policy statement, Strong, Secure, Engaged, has placed a high priority on replacing the existing North Warning System and the RCAF fighter fleet. Given the bi-national nature of NORAD, Canadian follow through on these commitments will be closely watched in Washington by those charged with homeland defence.
北美航空航天防御司令部(NORAD)现在已经有60多年的历史了,仍然是加拿大和美国的主要机构之一。国防关系和更广泛的双边关系。通过与我们更强大的邻国积极参与北美防空司令部的北美防务,加拿大实现了关键的战略目标:“防御美国的帮助”,并在我们自己的防务中发出声音。NORAD的任务随着地缘战略和技术环境的变化而发展,但仍然集中在航空航天预警,航空航天控制对空气呼吸威胁,包括恐怖分子利用航空和最近的海上预警。有两个因素需要北美防空司令部的能力进行重大现代化。首先是俄罗斯、中国以及所谓的流氓国家朝鲜和伊朗的修正主义国家政策带来的挑战。第二是俄罗斯采用新一代精确武器,包括远程隐形巡航导弹和轰炸机、低当量核武器和先进常规武器,中国采用的程度稍低。尤其是俄罗斯,它明确提出了一种使用核武器的原则,即核武器可能被用于终止威胁俄罗斯本土和邻国的武装冲突(通过升级)。朝鲜和伊朗都在发展远程弹道导弹,朝鲜现在是一个拥有核武器的国家;虽然这两种状态都不是非理性的,但它们的行为可能是不可预测的。削弱针对北美的强制打击的能力至关重要,以便在美国总统可能在政治上需要报复性使用武力之前,有时间进行外交谈判。北美防空司令部现有的预警系统和战斗机拦截机已经到了使用寿命的尽头。它们的替代将带来重大的政策问题,包括技术的选择、传感器的位置、可能的公私合作伙伴关系以及加拿大远北地区新建或现代化的机场等。加拿大政府在其国防政策声明“强大、安全、参与”中,高度优先考虑替换现有的北方预警系统和皇家空军战斗机机队。鉴于北美防空司令部的两国性质,加拿大对这些承诺的履行将受到华盛顿负责国土防御的人士的密切关注。
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引用次数: 0
A Mathematical Analysis Reveals Some Structural Features of the Theory of Everything 数学分析揭示了万物理论的一些结构特征
Pub Date : 2019-11-19 DOI: 10.2139/ssrn.3490351
James J. Wayne
Physicists have pursued the Theory of Everything (TOE) for centuries. Not much credible progress has been made towards the final theory so far. By extending the computability theory in mathematics, this paper proves a fundamental theorem of theoretical physics, which implies 21 structural features that TOE should have. The main result of this paper is that existing quantum gravity theories are not TOE; a unification theory of physics and social sciences/humanities, called “Choice Axiomatic System”, can be established even when the problem of unifying general relativity and quantum mechanics still remains unsolved; a prototype of TOE, which covers all existing human knowledge about the observable universe, can be created by the unification of physics and social science/humanities with a potential quantum gravity theory as an important component; unlike quantum gravity theories, Choice Axiomatic System has many important practical applications and its predictions can be tested with empirical data; Choice Axiomatic System can substantially narrow down the search for potential quantum gravity theories. This paper should be interesting to researchers working on the foundation of physics, social science, and humanities.
几个世纪以来,物理学家一直在研究万物理论(TOE)。到目前为止,在最终理论方面还没有取得多少可信的进展。本文通过推广数学中的可计算性理论,证明了理论物理中的一个基本定理,该定理蕴涵了TOE应具有的21个结构特征。本文的主要结论是现有的量子引力理论不是TOE;即使在统一广义相对论和量子力学的问题尚未解决的情况下,也可以建立一个物理学和社会科学/人文科学的统一理论,称为“选择公理系统”;通过物理学和社会科学/人文科学的统一,以潜在的量子引力理论为重要组成部分,可以创建一个涵盖所有现有人类对可观测宇宙的知识的TOE原型;与量子引力理论不同,选择公理化系统有许多重要的实际应用,它的预测可以用经验数据来检验;选择公理系统可以大大缩小对潜在量子引力理论的搜索范围。这篇论文应该会引起从事物理、社会科学和人文基础研究的研究人员的兴趣。
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引用次数: 0
A Comparative Study on the Afghan-China Relation Based on Afghan-US relation 基于阿美关系的阿中关系比较研究
Pub Date : 2019-05-06 DOI: 10.2139/ssrn.3413684
Zabehullah Bashardost
This paper shows and highlights the broad development friendly ties between Afghanistan and the People's Republic of China (PRC) and wants to investigate the effective factors which affect the relationship with the help of theoretically informed sources and historical narratives. The study shows the relationship that started with the ancient Silk Road that passed through Afghanistan, to recent cooperation represented by Afghanistan's membership in the Shanghai Cooperation Organization, AIIB, and OBOR, altogether indicate the continuation of this relationship with the friendly and neighboring country of the People's Republic of China. Moreover, the study tries to explain the differences between Afghan-China relations in comparison with Afghan-American relations. The study adopts Copenhagen school theories based on geopolitics context. Also, this paper tries to respond to this question that, which factors are more important for shaping strength in the relationship of Afghanistan and China based on Afghan- American relation? And is based on the assumption that Afghanistan and China are two neighboring countries with shared values and interests, and these common interests play an effective role in the security, economy, and stability of Afghanistan.
本文展示并强调了阿富汗与中华人民共和国(PRC)之间广泛的发展友好关系,并希望借助理论上知情的来源和历史叙述来调查影响这种关系的有效因素。研究表明,从经过阿富汗的古丝绸之路开始,到最近以阿富汗加入上海合作组织、亚投行和“一带一路”为代表的合作,都表明了与友好邻邦中华人民共和国关系的延续。此外,本研究试图解释阿中关系与阿美关系之间的差异。本研究基于地缘政治语境,采用哥本哈根学派理论。同时,本文也试图回答在阿美关系基础上,哪些因素对塑造阿中关系的力量更重要?这是基于阿富汗和中国是两个拥有共同价值观和利益的邻国的假设,这些共同利益在阿富汗的安全、经济和稳定中发挥着有效作用。
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引用次数: 1
Arms Without Influence? Spatial Distribution of Defense Industrial Activity, Transatlantic Burden Sharing, and Strategy 没有影响力的武器?国防工业活动的空间分布、跨大西洋负担分担和战略
Pub Date : 2019-02-27 DOI: 10.2139/ssrn.3343493
Jordan Becker
Resource allocation is a grand strategic choice; strategic autonomy requires resources and defense industrial autonomy. The allocation of resources and the sharing of defense burdens among members of the transatlantic security community is thus a fundamental component of the liberal international order. While economists have shed much light on cross-country variation in burden-sharing behavior, only qualitative work in the security studies field has addressed the nature of contributions to shared priorities, and neither field has adequately addressed sources of within-country variation, which is of primary interest to policy-makers aiming to mitigate burden-shifting tendencies in alliances. I find the larger the weight of arms production is in its national economy, the more a state spends on shared transatlantic priorities. This finding suggests that the strategic effects of defense industrial policy, and particularly the distribution of defense industries across Europe, extend beyond the production of defense articles and into the politics of burden sharing.
资源配置是一个宏大的战略选择;战略自主要求资源自主和国防工业自主。因此,在跨大西洋安全共同体成员之间分配资源和分担防务负担是自由国际秩序的一个基本组成部分。虽然经济学家已经阐明了负担分担行为的跨国差异,但只有安全研究领域的定性工作解决了对共同优先事项的贡献的性质,而且这两个领域都没有充分解决国内差异的来源,这是旨在减轻联盟中负担转移趋势的政策制定者的主要兴趣。我发现,武器生产在国民经济中所占比重越大,一个国家在跨大西洋共同优先事项上的支出就越多。这一发现表明,国防工业政策的战略影响,特别是整个欧洲国防工业的分布,超出了国防文章的生产,进入了负担分担的政治。
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引用次数: 1
The US-China Economic Relationship: A Comprehensive Approach 美中经济关系:一个全面的方法
Pub Date : 2019-02-22 DOI: 10.2139/SSRN.3357900
Joshua P. Meltzer, Neena Shenai
The U.S.-China economic relationship has reached a critical juncture. Over the past year, the U.S. has imposed tariffs on $250 billion worth of Chinese imports and China has retaliated, raising tariffs on U.S. exports. The U.S. concerns that underpin these bilateral trade tensions stem from specific practices endemic to China’s economic model that systematically tilt the playing field in favor of Chinese companies domestically and globally. Progress on specific trade issues will require China to comply with its World Trade Organization (WTO) commitments and to make certain reforms that will likely touch on areas of state control over the economy. In addition, new trade rules are needed to address China’s economic practices not covered by its WTO commitments, including in areas such as state-owned enterprises (SOEs), certain subsidies, and digital trade. These issues also come at a time of increasing U.S. concern over the national security risks China presents, particularly with respect to technology access. Despite the challenges the U.S. has had at the WTO, the WTO should be central to resolving U.S.-China trade tensions. From this perspective, we outline a multipronged strategy, including bilateral, multilateral, and unilateral actions, as well as working with allies, that together would constitute positive next steps for this critical economic relationship.
美中经济关系已经到了一个关键时刻。在过去的一年里,美国对价值2500亿美元的中国进口商品征收关税,中国也采取了报复措施,提高了对美国出口商品的关税。美国对这些双边贸易紧张局势的担忧源于中国经济模式特有的具体做法,这些做法系统性地使竞争环境向有利于中国企业的国内和全球企业倾斜。在具体贸易问题上取得进展,将要求中国遵守其对世界贸易组织(WTO)的承诺,并进行某些可能涉及国家控制经济领域的改革。此外,需要新的贸易规则来解决中国在世贸组织承诺之外的经济行为,包括国有企业、某些补贴和数字贸易等领域。这些问题出现之际,美国也越来越担心中国带来的国家安全风险,尤其是在技术获取方面。尽管美国在世贸组织面临挑战,但世贸组织应该是解决美中贸易紧张关系的核心。从这个角度来看,我们概述了一项多管齐下的战略,包括双边、多边和单边行动,以及与盟国的合作,这些共同将为这一重要的经济关系构成积极的下一步。
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引用次数: 31
期刊
Conflict Studies: International Cooperation eJournal
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