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Table of Contents

A Payoff to Second-Best Pragmatism: Rethinking Entity Classification for Foreign Companies

Jon Endean, Simpson Thacher & Bartlett LLP, Yale Law School

Book Review: A Liberal Actor in a Realist World the European Union Regulatory State and the Global Political Economy of Energy (Oxford University Press Oxford 2015) ISBN 9780198719595

Willemien Du Plessis, North-West University

Autonomous Vehicles: Developing a Public Health Research Agenda to Frame the Future of Transportation Policy

Travis J Crayton, University of North Carolina (UNC) at Chapel Hill
Benjamin Mason Meier, University of North Carolina at Chapel Hill

Fuel Exports, Aid and Terrorism

Simplice A. Asongu, African Governance and Development Institute
Jacinta C. Nwachukwu, Coventry University

Between Afrocentric Foreign Policy Thrust and Domestic National Security Interest: A Review of Nigeria's 'Intervention' in Mali

Solomon Ayegba Usman, Obafemi Awolowo University
A. Sat Obiyan, Obafemi Awolowo University


Liav Orgad, Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law, European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS), WZB Berlin Social Science Center

When Does Globalization Help the Poor?

Jennifer Tobin, Georgetown University, The Brookings Institution, Nuffield College
Nita Rudra, Georgetown University

Understanding the Political Economy of the Eurozone Crisis

Jeffry Frieden, Harvard University
Stefanie Walter, University of Zurich - Institute for Political Science


"A Payoff to Second-Best Pragmatism: Rethinking Entity Classification for Foreign Companies" Free Download
14 New York University Journal of Law and Business (Nov. 2017) Forthcoming

JON ENDEAN, Simpson Thacher & Bartlett LLP, Yale Law School

Whether it is an attempt by the Obama administration to curb corporate inversions or a strategy by the Trump administration to make U.S. businesses more competitive abroad, the world of international taxation seems primed to occupy policy conversations for the foreseeable future.

Yet perhaps few areas of law are as contentious while remaining so abstruse. Indeed, international taxation—while enormously important for global commerce and domestic companies alike—is extraordinarily complex. The consequence of this has been that companies with the resources to dream up sophisticated tax shelters are better positioned to take advantage of U.S. tax laws when operating transnationally.

One example of this is illustrative. Suppose two companies (one domiciled in the U.S. and one domiciled overseas) sold the exact same products in both the U.S. and overseas. The U.S. company would be treated differently under U.S. tax law—and would have to pay higher taxes by consequence—solely by its being a U.S. domiciliary. While the foreign company would be exempt from U.S. taxation on all its foreign revenue, the U.S. company would merely get a tax credit against its U.S. taxes on any income earned overseas. This reality has led to companies to come up with tax strategies (including inversions) such that they can avoid this disparate treatment, as such disparate treatment is a competitive disadvantage in the global marketplace.

The status quo is untenable, but it remains frustratingly difficult to reach a consensus on how to solve the problem. Many countries—including the United Kingdom and Japan—have followed a global trend towards a territorial system, or taxing companies only on revenue earned in that particular country. With the current political appetite for comprehensive tax overhaul legislation likely low, this paper argues for an elegant “second best? solution that could help crack down on corporate tax games while providing a road map towards a territorial system, bringing the U.S. into alignment with global trends.

Namely, this proposal suggests that in the same vein as the corporate check-the-box regulations promulgated during the Clinton administration, companies could simply elect whether they wish to be treated as a foreign or a domestic entity. While this would leave the vast majority of the tax code largely intact, it would have wide-reaching implications for tax law and corporate structuring (without upsetting current structures), provide a pathway towards a true territorial system, and potentially help uncover abusive tax shelters in the process.

"Book Review: A Liberal Actor in a Realist World the European Union Regulatory State and the Global Political Economy of Energy (Oxford University Press Oxford 2015) ISBN 9780198719595" Free Download
Potchefstroom Electronic Law Journal, Vol. 20, 2017

WILLEMIEN DU PLESSIS, North-West University

This contribution reviews the book entitled "A Liberal Actor in a Realist World The European Union Regulatory State and the Global Political Economy of Energy" authored by Andreas Goldthau and Nick Sitter. It was published by Routledge in 2015.

"Autonomous Vehicles: Developing a Public Health Research Agenda to Frame the Future of Transportation Policy" Free Download
Travis J Crayton & Benjamin Mason Meier, Autonomous Vehicles: Developing a Public Health Research Agenda to Frame the Future of Transportation Policy, Journal of Transport & Health (Forthcoming).

TRAVIS J CRAYTON, University of North Carolina (UNC) at Chapel Hill
BENJAMIN MASON MEIER, University of North Carolina at Chapel Hill

Recent advancements in autonomous vehicle technology have led to projections that fully autonomous vehicles could define the transportation network within the coming years. In preparation for this disruptive innovation in transportation technology, transportation scholars have started to assess the potential impacts of autonomous vehicles, and transportation policymakers have started to formulate policy recommendations and regulatory guidance concerning their deployment. However, there has been little analysis of the public health implications arising from the widespread adoption of fully autonomous vehicles. We examine these prospective public health impacts—both benefits and harms to individual and population health—and analyze how they can be considered in the development of transportation policy. In this manuscript, we discuss the evolving relationship between technological innovations in transportation and public health, conceptualize automated transportation as a disruptive technology necessitating a public policy response, and define a research agenda to examine the public health implications of autonomous vehicle policy, as seen through existing evidence on road casualties, environmental health, aging populations, non-communicable disease, land use, and labor markets. We conclude that such a public health research agenda would provide a basis to frame autonomous vehicle policies that best support the public's health, realize the United Nations Sustainable Development Goals to ensure healthy lives and create sustainable cities, and provide a basis for public health participation in transportation policy reforms.

"Fuel Exports, Aid and Terrorism" Free Download
Forthcoming, Multinational Business Review
African Governance and Development Institute, WP/17/016

SIMPLICE A. ASONGU, African Governance and Development Institute
JACINTA C. NWACHUKWU, Coventry University

This study employs interactive quantile regressions to assess the conditional role of foreign aid in reducing the potentially negative effect of terrorism on fuel exports in 78 developing countries for the period 1984-2008. Bilateral and multilateral aid indicators are used whereas terrorism includes: domestic, transnational, unclear and total terrorism dynamics. Interactive quantile regressions are used. The following findings are established. First, the effects of terrorism are both positive and negative across quantiles and specifications, with the impact most apparent in the highest and lowest quantiles. Second, while bilateral aid consistently decreases (increases) fuel exports at the top (bottom) quantiles, multilateral aid regularly decreases fuel exports in the top quantiles. Third, for negative thresholds in the 50th quartile and 90th decile, interaction effects between bilateral aid and terrorism dynamics are overwhelmingly not significant. Conversely, for transnational terrorism, the interaction effects between multilateral aid and terrorism dynamics significantly have negative thresholds. The hypothesis of a positive threshold is only confirmed for transnational terrorism and multilateral aid at the 90th decile. Justifications for unexpected signs and implications for fuel export policy and the management of multinational companies are discussed. This study contributes to the literature on the role of external flows in reducing the negative externalities of terrorism on development outcomes.

"Between Afrocentric Foreign Policy Thrust and Domestic National Security Interest: A Review of Nigeria's 'Intervention' in Mali" Free Download

SOLOMON AYEGBA USMAN, Obafemi Awolowo University
A. SAT OBIYAN, Obafemi Awolowo University

This paper focuses on Nigeria’s participation in the military intervention in Mali in January 2013 to assist the country’s beleaguered government fight the al-Qaeda supported Tuareg rebels and restore peace and stability to the West African neighbour. While the paper contends that Africa as the centre-piece of Nigeria’s foreign policy since its attainment of independence in 1960 is understandable given the country’s vantage position in Africa, it nonetheless examines the rationale for troops deployment to Mali in the face of threat to its domestic national security orchestrated by the activities of Boko Haram in the North and other armed opposition groups elsewhere in the country. This is with a view to finding out whether its action is in consonance with its perceived national interest or African solidarity or both. The national interest approach will be utilized for the paper.

"Naturalization" Free Download
The Oxford Handbook of Citizenship (Edited by Ayelet Shachar, Rainer Baubock, Irene Bloemraad, and Maarten Vink), Forthcoming

LIAV ORGAD, Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law, European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS), WZB Berlin Social Science Center

This chapter explores legal and theoretical aspects of naturalization. The first section addresses the ultimate goal of naturalization—what function does it serve?—by presenting three goals: contract, political test, and nation-building. Each goal may lead to a different process of naturalization and raise different ethical questions. The literature does not systematically discuss which goals are legitimate, and which ones are illegitimate. The second section seeks to present three ways to assess the ethics of naturalization—drawing on conceptual and utilitarian grounds. Among the conceptual factors to be considered are the legitimacy of the goals of naturalization according to different conceptions of citizenship (liberalism, republicanism, cosmopolitanism, and communitarianism) and of nationhood (primordial, civic, and cultural). Among the utilitarian considerations are the efficiency of the naturalization criteria in achieving a legitimate goal. The third section moves on to examine three trends in naturalization policy in Western societies—legalization, devaluation, and liberalization (followed by a restrictive turn). It points out that naturalization has been internationalized in the direction of creating a right to citizenship; that citizenship is becoming a ‘commodity’ in the global economy market whose nature is increasingly influenced by economic factors; and that the process of liberalization in access to the status of citizenship is facing a restrictive turn—cultural considerations are becoming more central in naturalization decisions. The chapter concludes by offering new directions for the study of naturalization.

"When Does Globalization Help the Poor?" 
Annual Review of Political Science, Vol. 20, pp. 287-307, 2017

JENNIFER TOBIN, Georgetown University, The Brookings Institution, Nuffield College
NITA RUDRA, Georgetown University

What is the relationship between globalization and poverty? Developing economies have long turned to international trade and finance as a solution for development, yet 35% of the world's population still lives below the international poverty line. Economists and political scientists explore this relationship but are far from reaching a conclusion. We review this literature and argue that to understand the relationship between globalization and poverty, we must ultimately understand the political motivations underlying the policies directed at the poorest. Specifically, we contend that scholars need to identify the ideological positions of developing country governments, an identification that moves beyond the conventional left–right divide that prevails in developed nations. We provide theoretical guidance on how scholars might begin to operationalize ideology on a global basis and why this is necessary to evaluate the globalization–poverty linkage. Further, we provide some preliminary quantitative and qualitative tests of our argument. Ultimately, scholars from both disciplines must begin to evaluate government commitment to pro-poor redistribution (rather than the extent to which policy is beholden to vested elite interest groups) in order to assess the relationship between trade and poverty.

"Understanding the Political Economy of the Eurozone Crisis" 
Annual Review of Political Science, Vol. 20, pp. 371-390, 2017

JEFFRY FRIEDEN, Harvard University
STEFANIE WALTER, University of Zurich - Institute for Political Science

The Eurozone crisis constitutes a grave challenge to European integration. This article presents an overview of the causes of the crisis and analyzes why it has been so difficult to resolve. We focus on how responses to the crisis were shaped by distributive conflicts both among and within countries. On the international level, debtor and creditor countries have fought over the distribution of responsibility for the accumulated debt; countries with current account surpluses and deficits have fought over who should implement the policies necessary to reduce the current account imbalances. Within countries, interest groups have fought to shift the costs of crisis resolution away from themselves. The article emphasizes that the Eurozone crisis shares many features of previous debt and balance-of-payments crises. However, the Eurozone's predicament is unique because it is set within a monetary union that strongly constrains the policy options available to policy makers and vastly increases the interdependence of the euro crisis countries. The outcome of the crisis has also been highly unusual because the costs of crisis resolution have been borne almost exclusively by the debtor countries and taxpayers in the Eurozone.


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