Income Tax Discrimination Against International Commerce

Alvin C. Warren Jr.

Harvard Law School

Tax Law Review, Vol. 54, 2000

Taxation and trade are governed by two very different sets of international agreements. The bilateral tax treaties, which originated in the 1920s, do not, for example, contain the rule-oriented dispute-settlement procedures of the multinational trade treaties, which have developed since World War II. In this article, Professor Warren analyzes the constraints imposed by the two sets of agreements on a country's freedom to use its income tax to discriminate against international commerce. His principal conclusions are that the current distinction between permissible and impermissible discrimination is incoherent and that the pre-World War II international tax regime is in need of fundamental reexamination.

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Date posted: January 27, 2001  

Suggested Citation

Warren, Alvin C., Income Tax Discrimination Against International Commerce. Tax Law Review, Vol. 54, 2000. Available at SSRN: https://ssrn.com/abstract=254854

Contact Information

Alvin C. Warren Jr. (Contact Author)
Harvard Law School ( email )
1575 Massachusetts
Hauser Hall 308
Cambridge, MA 02138
United States

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