As globalisation progresses, cross-border movements of people are becoming dynamic and multilateral. The existence of different groups and minorities within the community renders the society multiethnic and multicultural. As individuals acquire new affiliation and belonging, the conventional conflict of laws methods may no longer be viable and should be subject to a thorough re-examination. Against this background, this paper analyses appropriate conflicts rules in international family relations to reflect an individual’s identity. Furthermore, in light of the contemporary law fragmentation, this study also analyses interactions between state law and non-state cultural, religious or customary norms. |
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Journal | Erasmus Law Review, Issue 3 2014 |
Keywords | global governance, family relations, nationality, habitual residence, party autonomy |
Authors | Professor Yuko Nishitani Ph.D. |
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Editorial |
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Journal | Erasmus Law Review, Issue 3 2014 |
Authors | Laura Carballo Piñeiro and Xandra Kramer |
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Journal | Erasmus Law Review, Issue 1 2014 |
Keywords | tax competition, tax coordination, European Union, fiscal federalism |
Authors | Thushyanthan Baskaran Ph.D. and Mariana Lopes da Fonseca |
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We survey the theoretical and empirical literature on local and international tax competition in Economics. On the basis of this survey, we discuss whether EU countries should harmonise tax policies to prevent a race to the bottom. Much of the evidence suggests that tax competition does not lead to significant reductions in tax revenues. Therefore, we conclude that tax coordination is in all likelihood unnecessary to prevent inefficiently low levels of taxation in the EU. But since the evidence against the adverse effects of tax competition is not unambiguous, we also discuss whether intergovernmental transfers might be a less invasive means than outright tax harmonisation to prevent a race to the bottom. |
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Journal | Erasmus Law Review, Issue 1 2014 |
Keywords | company tax harmonisation, EU law, Internal Market, taxation policies |
Authors | Anna Sting LL.M |
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Company tax integration in the EU is yet to be realised. This article first outlines the main benefits of company tax integration for the Economic and Monetary Union, and also discusses the main legal obstacles the EU Treaties pose for harmonisation of company tax. The main problem identified is the unanimity requirement in the legal basis of Article 115 TFEU. As this requirement is currently not feasible in the political climate of the debt crisis, this article assesses possible reasons for and ways to further fiscal integration. It considers Treaty change, enhanced cooperation, soft law approaches and also indirect harmonisation through the new system of economic governance. Eventually, a possible non-EU option is considered. However, this article recommends making use of the current EU law framework, such as soft law approaches and the system of the new economic governance to achieve a more subtle and less intrusive tax harmonisation, or instead a Treaty change that would legitimately enhance and further economic integration in the field of taxation. |
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Journal | Erasmus Law Review, Issue 1 2014 |
Keywords | tax planning, optimal taxation, tax competition, corporate taxation |
Authors | Hendrik Vrijburg Ph.D. |
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This article presents a literature review on the welfare effects of excessive company taxation practices. The article intends to structure the debate by sketching a conceptual framework of thought for the topic under consideration and places the existing literature within this framework. The article ends with a thought-provoking discussion between two extreme papers in the literature, one against tax planning and one in favour. The discussion is concluded by identifying the fundamental differences in assumptions underlying both approaches. |