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Purism and Contextualism With International Tax Law Analysis: How Traditional Analysis Fails Developing Countries


Arthur J. Cockfield


Queen's University - Faculty of Law


Queen's Univ. Legal Studies Research Paper No. 07-03

Abstract:     
There are two broad approaches to the study of international tax law. Purists adopt a traditional approach, emphasizing conceptually pure tax solutions based on efficiency interests. Contextualists combine economic analysis with political, historical, social, institutional and other perspectives. It is argued that the Purist approach is overly-reliant on international tax economics which, in turn, is challenged by significant theoretical, empirical, and behavioral uncertainty. The Purist analysis nevertheless can be effective in respect of situations in which there are relatively balanced capital flows between countries with developed economies. Developing countries, however, are generally capital importing nations and their interests tend to be downplayed under the Purist approach. In an increasingly integrated global economy, the Contextualist perspective is more effective at taking account of the interests and needs of developing countries and, in so doing, promotes the long-term economic and security interests of developed countries.

Number of Pages in PDF File: 33

Keywords: Tax, International Tax, Law and Economics, Political Science, International Relations

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Date posted: May 30, 2007  

Suggested Citation

Cockfield, Arthur J., Purism and Contextualism With International Tax Law Analysis: How Traditional Analysis Fails Developing Countries. Queen's Univ. Legal Studies Research Paper No. 07-03. Available at SSRN: http://ssrn.com/abstract=989770 or http://dx.doi.org/10.2139/ssrn.989770

Contact Information

Arthur Cockfield (Contact Author)
Queen's University (Canada) - Faculty of Law ( email )
Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada
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