Major Development — Tax, Cyber, Data, Sanctions, Sovereign Immunity — Major Debates Ahead?

Intl Law

     The last four weeks have seen major developments in the legal, commerce and geopolitical aspects of global trade. They include new sweeping proposals from the OECD concerning international taxation, EU’s overruling of the US – EU Data Transfer Agreement, the TPP agreement by Obama, a economic cyber espionage understanding between the US and China, and sanctions agreement with Iran. Huge fights, domestic and international, will occur over many of these issues as they progress.

  • OECD proposals aim at stopping multinational tax avoidance. Internet firms hard hit, hopefully.  “Global Tax & OECD.” Financial Times (Oct. 9, 2015).

  • The US Supreme Court has never declared a treaty to violate the US Constitution. But here the EU Court of Justice did the equivalent. Good comparative study of two legal systems and how differently they treat treaties and domestic law. “European Court of Justice and Data Transfer Agreement with U.S.” New York Times (Oct. 9, 2015).

  • Many US sanctions on Iran remain at texpense of US firms. Foreign firms will have advantage. “Iranian Sanctions and U.S. Law.” New York Law Journal (Sept. 21, 2015).

About Stuart Malawer

Distinguished Service Professor of Law & International Trade at George Mason University (Schar School of Public Policy).
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