This Comment seeks to analyze the OECD's effort to curb tax competition. Section I of this Comment provides background information of the emergence of international taxation and the remedial measures historically enacted to address global fiscal issues, notably double taxation. This section will also outline the OECD's emergence and role in international taxation issues. Furthermore, this section will discuss globalization and its contribution to the growth of preferential tax regimes, thus facilitating the OECD's remedial effort. Section II analyzes the OECD's reports, "Harmful Tax Competition: An Emerging Global Issue" ("1998 Report") and "Towards Global Tax Co-operation: Progress in Identifying and Eliminating Harmful Tax Practices" ("2000 Report"), which are the focal points of the OECD's effort. Section III of this Comment argues that the OECD's effort to curb tax competition breaches international taxation principles by trespassing on the fiscal authority of individual nations. Additionally, this effort deviates from traditional measures utilized to remedy international fiscal issues, specifically double taxation, and will likely result in stifling global economic development. This Comment concludes that the OECD's effort to curb tax competition amounts to a monopolistic endeavor that economically discriminates against developing nations.
Alexander Townsend, Jr.,
The Global Schoolyard Bully: The Organisation for Economic Co-operation and Development's Coercive Efforts to Control Tax Competition,
25 Fordham Int'l L.J. 215
Available at: http://ir.lawnet.fordham.edu/ilj/vol25/iss1/7