Rethinking Global Tax Governance

서지정보

· 발행기관 : 원광대학교 법학연구소
· 수록지 정보 : 원광법학 / 27권 / 4호 / 379 ~ 402페이지
· 저자명 : 박인섭

초록

In recent years, effects of financial globalization on state sovereignty have been subject to critical scrutiny. Some argue the process of financial globalization propelled by information revolution and technology innovation has posed potential dangers to countries’ ability to pursue national tax regimes, thereby generating revenue losses and fiscal threats due to taxpayers’ shift in financial activities seeking cross-border tax arbitrage and lower tax jurisdictions. It is further argued that international cooperation to neutralize different tax systems is necessary to enhance national and worldwide welfare. In contrast, others claim that the process of financial globalization has fostered the tax autonomy of nation-state in providing a tax inducement to attract business activities from another country to its jurisdiction. Arguably, the increased mobility of capital has strengthened the state sovereignty over national tax policy leading to international tax competition. At the center of the debate, this paper takes the position that the relationship between financial globalization and national fiscal sovereignty lies somewhere between the globalism that stresses international tax harmonization and cooperation among national tax authorities, and the realism that emphasizes the primacy of nation-state as the central actor.
Given the close relationship between globalization and state sovereignty, this paper seeks to address global challenges to national fiscal sovereignty. In this regard, it discusses the pros and cons of tax competition and harmonization in a global era. Then, this study attempts to search for the measures to enhance global governance in the international tax regime. To that end, it takes a traditional approach to analyze the law in terms of pursuing the dual policies of worldwide efficiency and the equitable distribution of the international tax burden. In that regard, it mainly examines the role of the current bilateral tax treaty network based on the OECD Model. Finally, it draws from suggestions that may be useful to those involved in Asian regional cooperation and coordination of tax matters.

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