The perspective of the country of destination of the investment reveals important aspects of the BEPS impact on tax treaties, and notably that there are now new limitations to the access to the benefits of a bilateral treaty by entities that are not effectively located in either of the two CSs, in addition to a general ban on double treaty exemption obtained through different techniques. This chapter focuses on the new set of requirements that need to be met to have full entitlement to the tax treaty, by individually looking at each of them: scope of the treaties (section I), residence test for treaty purposes (section II), the limitation of benefits clause (section III), and treaty abuse (section IV). The analysis of the scope of the treaties includes the basic rules about the personal scope, transparency and hybrid mismatches, the saving clause, and the taxes covered by the treaties. The discussion on the residence test for treaty purposes first looks at the notion of ‘resident’, and then discusses resolution of conflicts for dual residents.
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Zsuzsa A. Ferenczy
Beijing has acknowledged Europe’s global leadership in setting and diffusing environmental standards globally. Faced with environmental degradation jeopardizing its economic development and therefore endangering the leadership’s domestic legitimacy, Beijing has shown interest in learning from European expertise. It has even modeled some of its policies after it. The two partners have made environmental cooperation a strategic priority. While this alignment of interests has enabled some cooperation, it has not brought an alignment of norms. The fundamental normative divergence at the core of EU-China relations has remained. It is clear, the two maintain their differences in their development path. While leading through its power of example, Europe’s inherent fragmentation has influenced its much-praised image. Overall, in spite of dealing with a series of crises, Europe has been effective in socializing China with international norms, a result of both Europe’s power of ideas and China’s power of interest.
There is a disparity in the treatment accorded to environmental protection and human rights in international investment law, which belies the close relationship between these two areas of the law. A question therefore arises as to whether this relationship is likely to take on any significance in the international investment regime and, if so, what form this will take and what impact it will have. Human rights bodies have leveraged the discourse of human rights to achieve environmental ends. It is foreseeable that something similar might in future occur in the investment law context. When, how and indeed if this will occur will depend primarily on arbitrators’ approaches to the interpretation of international investment norms. In the meantime, states and investors should be aware of these issues and their potential significance in future investment disputes.
Rachel J. Anderson
The ways in which women and girls are affected by, and influence, foreign investment and the environment are underexamined in international law research. In addition, the lack of genderspecific legal or policy analyses and research on gender-disaggregated data results in underdocumented harms and lost potential benefits. This chapter sets out a roadmap for researching the intersection of gender, environment and foreign investment. It discusses the role of gender in the nexus of foreign investment and the environment as well as the role of gender blindness and gender mainstreaming in research, law and policy on these issues. This includes delineating key legal issues set into relief by focusing on the interaction between gender, the environment, and foreign investment. It also provides a tentative framework for developing a robust qualitative body of research on the nexus of gender, the environment and foreign investment and identifies potential issues and directions for future research.
As an active IIA negotiator, the Chinese government is now reconsidering the purpose of IIAs, moving from solely investment protection to creating IIAs for sustainable development. This will constitute a primary basis on which to prevent erosion of the State’s right to regulate in the public interest by expanding private interests. However, strengthening the government’s right to regulate in the regime of its future IIAs does not mean sacrificing the objectives of investment protection, promotion and liberalization; rather, it is a way of balancing those rights and obligations of States and investors, and ensuring the government’s right to regulate is exercised in conformity with their international obligation under IIAs. It is clear that if this trajectory continues, the outlook for the environmental protection component of the environment–investment nexus within China will be more positive than has been the case in previous years.
David B. Grant and Sarah Shaw
Organizations are looking to adopt environmental or sustainable performance management standards and certifications for their supply chains to satisfy stakeholder concerns and to respond to increasing awareness and interest in sustainability. However, there are several challenges regarding which standards and/or certifications organizations should adopt. This chapter discusses these issues; examines 19popular standard and certification schemes; considers three key functional supply chain activities as regards available schemes, buildings and facilities, production and operations and transportation; and provides suggestions for further research into this topic’s continuing challenges.
Zsuzsa A. Ferenczy
Zsuzsa A. Ferenczy
This chapter describes the dynamics in European foreign policy, in particular in the new institutional framework introduced by the Lisbon Treaty in 2009. It focuses on how the interaction of principal actors, diverse political discourses and policy instruments interact and shape the formulation of EU policy. It also explores the effects of Europe’s diverse and ongoing social, political, economic, and cultural crises on the process. In the midst of fundamental shifts in the global distribution of power, European integration has been fundamentally shaken. As a result, developing a unified European foreign policy regarding China remains an arduous task, entailing a complex multi-layered process confronted by internal and external forces of disruption and disorientation. While discourse regarding China has remained consistent with core commitments, in practice relations between discourse and reality are widening. As a result of a mixed record, Europe’s claims to attract China by its power of example are questioned.
Albert N. Link and John T. Scott
Griliches (1958) [Journal of Political Economy, 66: 419–431] and Mansfield et al. (1977) [Quarterly Journal of Economics, 91: 221–240] pioneered the application of fundamental economic insight to the development of measurements of private and social rates of return to innovative investments. This paper illustrates field-based methods for measuring the social rates of return to innovative investments by the public sector. The case study described herein relates to the development of an improved standard reference material for the measurement of the wavelength of light in an optical fiber network.
Keyu Li and Graham Cuskelly
This chapter analyzes the evolution and reformation of sport governance in China since modern sport was introduced to China in the late nineteenth century, in order to understand how China’s sport and sport governance came into being, with the methodologies including the literature study method, historical research method and analysis method. Academic literatures on sport in China indicate that many complicated elements help to shape sport governance in China, because sport in China cannot be totally independent ofthe government. It has been a tool of Chinese governments and theirleadersin order to achieve their political goals, and therefore it has not been fully run for the “proper functioning of the market economy” (Hoye and Cuskelly, 2007). Thus, research on sport governance in China has to study the ideologies of different leaders in different Chinese governments, and also to investigate what political missions these leaders and their governments have assigned to sport. Historical research also shows that the globalization and modernization of Chinese society appear to be the key forces pushing the evolution, revolution and reformation forward in the development of sport and its governance. In other words, the change in sport governance in China has been proved to be highly correlated with that of Chinese society as well as its economic and political reforms. Finally, this chapter illustrates the administrative hierarchy of China’s sport, the policies in developing sports which eventually shape what sport governance looks like in China today, and a forecast of what it will look like tomorrow.