International Regulatory Co-operation: Case Studies, Vol. 1
Chemicals, Consumer Products, Tax and Competition
The world is becoming increasingly global. This raises important challenges for regulatory processes which still largely emanate from domestic jurisdictions. In order to eliminate unnecessary regulatory divergences and to address the global challenges pertaining to systemic risks, the environment, and human health and safety, governments increasingly seek to better articulate regulations across borders and to ensure greater enforcement of rules. But, surprisingly, the gains that can be achieved through greater co-ordination of rules and their application across jurisdictions remain largely under-analysed.
This volume complements the stocktaking report on International Regulatory Co-operation: Rules for a Global World by providing evidence on regulatory co-operation in four sectors: chemical safety, consumer product safety, model tax convention, and competition law enforcement. The four case studies follow the same outline to allow for comparison.
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Model Tax Convention
To avoid the important distortive effects that double taxation has on crossborder trade and investment, countries have developed a vast network of bilateral tax treaties. However, absent internationally-agreed standards and an easily accessible set of draft provisions, negotiations of these bilateral treaties between countries would be extremely difficult and these treaties would be applied and interpreted differently by countries. This case study deals with the role played by the OECD Model Tax Convention in the co-ordination of the internationally-agreed standards for the elimination of double taxation of income and the prevention of tax evasion. These standards are reflected in the network of more than 3 500 bilateral tax treaties that have been concluded, and are interpreted and applied, on the basis of these standards, which need to be continuously refined and adapted to new situations.
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