Contents - Faculty of Law - University of Cambridge

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LLM : Syllabuses and Lists of Recommended ReadingPAPER 2. INTERNATIONAL COMMERCIAL TAXThis course concerns the clash of different countries’ income tax systems that arises from international commercialtransactions. An initial objective of this course is to discuss how these clashes arise and to consider the types of lawsand international obligations that may have an impact. The primary method used to resolve international income taxissues is double tax treaties based on the OECD Model (although the UN and other models will be considered at variouspoints during the course). Therefore, a primary objective of this course is to study the policy and scope of the OECDModel with reference to international commercial transactions. Within the EU, aspects of the scope and principles ofinternational taxation (as reflected in domestic law and tax treaties concluded between Member States) are beingchallenged before the ECJ as contrary to the fundamental freedoms in the FEU Treaty. Another primary objective of thiscourse is to consider the decisions of the ECJ insofar as they affect the levy of income taxes on international commercialtransactions within the EU. These two reference points (the OECD Model and EU law) are compared in order to gain adeeper understanding of each body of rules.The OECD Model does not comprehensively regulate many important issues and has not been adopted by countries on auniform basis. So a further objective is to analyse the limitations inherent in the OECD Model, how treaties diverge fromthe Model in practice, how these limitations and divergence give rise to international tax planning opportunities (andpotential double taxation) and whether and how EU law resolves these issues in an EU context. Gaps in the OECDModel are filled by domestic legislation. A further objective is to study the types of domestic rules that fill these gaps andhow they integrate (or not) with double tax treaties and EU law. Where domestic legislation is relevant, reference will bemade to UK tax legislation but discussion may cover and participants will be encouraged to elaborate on any experiencethey have with other countries’ income tax systems.PART I: Introduction1. Overview and Sources of Law: Domestic Legislation, Double Tax Treaties, EU Law (specified aspects).2. Interpretation: Approaches to Treaty Interpretation and the Jurisprudence of the ECJ.3. Competing Jurisdictions to Tax: Source vs. Residence.4. Principles Governing Relief from International Double Taxation.PART II: Source Country Taxation1. Source Country Entitlement and Non-Discrimination vs. Tax Competition.2. Taxation of Business Profits.3. Taxation of Dividends, Interest and Royalties.4. Taxation of Capital Gains and Employment.5. Quantification, Characterisation and Reconciliation Issues: Transfer Pricing and Thin Capitalisation.PART III: Residence Country Taxation1. Relief from International Double Taxation: Exemption vs. Foreign Tax Credits.2. Deferral by and Economic Double Taxation of Companies: Controlled Foreign Companies and Underlying ForeignTax Relief.3. Relief for Foreign Losses.PART IV: The Limited Scope of Treaties and Basic International Tax Planning80
1. Mismatches in Characterisation of Entities and Income, Quantification and Timing.2. Triangular Problems: Base Companies, Limitation of Benefits, Dual Residence, Double Dipping Deductions and TaxHavens.PART V: Bilateral Administrative Issues1. Exchange of Information.2. Mutual Agreement Procedure.READINGTexts:Harris and Oliver, International Commercial TaxVan Raad (ed), Materials on International and EU Tax Law (latest ed)International Books:Arnold and McIntyre, International Tax Primer (2002)Ault et al, Comparative Income Taxation (3rd ed)Baker, Double taxation conventions: a manual on the OECD Model Tax Convention on Income and on CapitalFarmer and Lyal, EC Tax LawOgley, Principles of International TaxVogel on Double Taxation ConventionsStatutes:Butterworths Yellow Tax Handbook (latest ed) orCCH Tax Statutes (latest ed)PAPER 3. INTERNATIONAL COMMERCIAL LITIGATIONThe English Courts enjoy a unique position in the resolution of international commercial disputes. Of the cases heard bythe Commercial Court in London, many involve at least one foreign party and many concern disputes neither party towhich is English. A reflection of London’s prominence in worldwide trade and commerce, especially in the areas ofbanking, shipping and insurance, the international flavour of English commercial litigation ensures that the CommercialCourt is truly an international forum. If commercial litigation in the English courts is thus of concern to anyone concernedwith international trade and commerce, the subject has acquired fresh significance in recent years. Britain’s membershipof the European Union has brought with it participation in a number of treaties regulating crucial aspects of litigationpractice. This ensures that the study of English commercial litigation is as much the study of European law as the studyof English national law.The purpose of the Cambridge course in International Commercial Litigation is to examine the law and practice ofcommercial litigation in England. Its objective is to provide a comprehensive, technical knowledge of the subject,combined with a working understanding of its practical, commercial context. Special emphasis is placed on matters ofstrategy and practice, as much as on the law itself, and on the function of litigation procedure as a framework withinwhich parties may settle their differences. Teaching in the course is practical and interactive. Assignments, normally81
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ContentsGeneral InformationOfficers
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Settlement of International Dispute
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Faculty AdministrationFaculty Offic
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The Faculty of LawLaw has been stud
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The LLM Degree. This degree is awar
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Opening Hours:Full Term: Monday to
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Rules Made by the Information Strat
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The Lauterpacht Centre for Internat
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Centre for Corporate and Commercial
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Cambridge Socio-Legal GroupThe Camb
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Dates of Faculty Board Meetings7 Oc
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Proceed with caution in reaching fo
Page 30 and 31: Faculty CommunicationEach year, the
Page 32 and 33: Law Tripos Part IA. A candidate for
Page 34 and 35: Prizes. The following prizes may be
Page 36 and 37: PAPER 2. CONSTITUTIONAL LAWA. The a
Page 38 and 39: Oliver, Constitutional Reform (2003
Page 40 and 41: Hedley, Tort (6th ed 2008)Weir, An
Page 42 and 43: 3. Trusts and co-ownership: Concurr
Page 44 and 45: Brownlie, Principles of Internation
Page 46 and 47: Elliott, Constitutional Foundations
Page 48 and 49: Contract: covenant and debt; assump
Page 50 and 51: Statutes:Blackstone’s Statutes on
Page 52 and 53: For reference:Birks and Pretto (ed)
Page 54 and 55: Foster, EU Legislation (2010-2011)B
Page 56 and 57: PAPER 42. INTELLECTUAL PROPERTY1. I
Page 58 and 59: 2. Property torts (conversion and t
Page 60 and 61: (iii)Causation4. Contracts in Engla
Page 62 and 63: Rawls, Political LiberalismRawls, J
Page 64 and 65: Rodger and McCulloch, The UK Compet
Page 66 and 67: Law Commission, Renting Homes: The
Page 68 and 69: Human Rights Case DigestHuman Right
Page 70 and 71: 3. Title at common law and in equit
Page 72 and 73: Exemption from Professional Examina
Page 74 and 75: Paper application available to down
Page 76 and 77: Form of Examination and Designation
Page 78 and 79: ‘Open Book’ Papers. Where a pap
Page 82 and 83: ased upon one or two leading cases,
Page 84 and 85: Goff and Jones, The Law of Restitut
Page 86 and 87: Butterworths’ Company Law Handboo
Page 88 and 89: 2. The EU’s system for human righ
Page 90 and 91: the context of environmental protec
Page 92 and 93: European Competition Law Review (EC
Page 94 and 95: Crawford, The Treatment of Combatan
Page 96 and 97: Douglas, The International Law of I
Page 98 and 99: Unger, Free Trade Reimagined (2007)
Page 100 and 101: 3. Sceptics and Critics I4. Sceptic
Page 102 and 103: The course provides an opportunity
Page 104 and 105: (iv)(v)(vi)(vii)Is either utilitari
Page 106 and 107: Reiman, ‘Justice, Civilization, a
Page 108 and 109: Gardner, Introduction to the Law of
Page 110 and 111: 1. Types of theoretical analysis an
Page 112 and 113: 2. Specific fieldsTopics to be sele
Page 114 and 115: The LLM (one-year taught postgradua
Page 116 and 117: As part of the requirements for the
Page 118 and 119: Teaching Members of the Faculty of
Page 120 and 121: MC Elliott, MA, PhD (Cantab); St Ca
Page 122 and 123: RA Melikan, BA (Mich), JD, MA (Chi)
Page 124 and 125: BD Sloan, MA, LLM (Cantab); King’
Page 126 and 127: Law Teachers in the Department of L
Page 128 and 129: Murray Edwards College. Dr S Turenn
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