Considering the unique character of taxation, such as the necessary discretionary power of tax administration, the complexity of tax issues, and nascent development of tax systems in many developing countries, this book provides a comprehensive analysis of tax disputes from the viewpoint of protecting the legitimate fiscal conduct of host State in investment arbitration that are of both theoretical and practical importance.
The book tries to rectify and fulfill the lacunae of scholarship on tax disputes that has been hitherto overwhelmingly investor-centered. The most distinguished characteristic of the book lies in the manner in which it deals with the arbitration of taxation in a comprehensive and coherent manner, including the discussion of tax stabilization clause in investment contracts that is paramount to the tax sovereignty of State. It also combines the analyses of the taxation problems from the perspective of comparative tax law of the most relevant legal systems as well as rich tax jurisprudence of WTO and European Court of Human Rights (ECtHR).
Introduction Part I: Conceptualization of Issues 1. Concise History of Fiscal Sovereignty and Taxation under Customary International Law 2. Relationship between Taxation and International Investment Law 3. Constitutional Limitations on the Power to Tax in Municipal Legal Systems 4. Taxation and Property Rights in Parallel International Economic Legal Systems: WTO and ECtHRs Part II: Jurisprudence of International Investment Arbitrations on Taxation 5. Expropriation and Taxation 6. FET and Taxation 7. Non-discrimination and Taxation Part III: Specific Topics of Taxation in Investor-State Arbitration 8. Stabilization Clause, Investment Contracts and IIAs 9. International Taxation, DTTs and IIAs 10. Calculations and Deduction of Taxes from the Amount of Compensation in the Award Part IV: Reconciling Policies 11. Alternative Policy Options and Implications for Host Countries