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LW6143E - International Taxation

Offering Academic Unit
School of Law
Credit Units
3
Course Duration
One Semester
Course Offering Term*:
Not offering in current academic year

* The offering term is subject to change without prior notice
 
Course Aims

In recent years, the international tax planning strategies of multinationals have become a source of - often heated - debate. This course describes the rules and principles that together form the manner in which countries assert and limit their jurisdiction to tax cross-border flows of income and capital gains. Governments, who have traditionally been very protective of their right to tax whatever amounts they think fit, are increasingly seeing the practical need to cooperate with each other. This ensures that they continue to have solid international relations; their economies benefit from overseas investment; and they continue to collect what is considered to be a 'fair amount of tax'. This change in approach has been evidenced by, inter alia, initiatives that began with providing relief from double taxation. These initiatives have since moved on to exchanging taxpayer information with revenue authorities of other jurisdictions, and even to the point where governments acknowledge a need to assist other revenue authorities by collecting tax revenue on their behalf. The teaching of this course has a sensibility towards practice but its aim is to bring both practical knowledge and the best scholarship to bear in the class-room. Despite its great interest to the world of international practice, the subject offers a rich and intellectually stimulating area of concentration for any international lawyer, international economic lawyer, transnational lawyer and international disputes lawyer. There is a complex interplay of contractual, regulatory and treaty issues typical of modern transnational lawyering.
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Various teaching modes will be employed and combined during the course. These range from a straightforward lecture format (where the course teacher fill gaps in the reading, provides an overview or summarises a complex point) to more active seminar-style discussion, interactive dialogue and semi-Socratic teaching. The focus will be on practical, procedural and tactical tax issues that arise in contractual, treaty-based and other forms of tax-related arbitration.
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This course is aligned with the following programme learning outcomes:

  • To develop a deep and achieving learning approach that is rich in critical thought and in applied knowledge to the study of international taxation and economic law, practice, and policy through its norms, processes, and institutions.
  • To relate the processes of economic and legal globalization to the trans-national business and regulatory experience and political, social, cultural, and systematical conditions of China and the rest of East Asia, with Hong Kong as a regional centre for finance and trade.
  • To optimize the legal professional skills necessary for international commercial practice, including creative principles-problem-solving techniques; original, significant, and rigorous legal research; and plain and reasoned expression of legal terms.

To instill a commitment to personal and professional self-development, ethical conduct, and social responsibility that is appropriate and adapted to international economic activities and relations.


Assessment (Indicative only, please check the detailed course information)

Continuous Assessment: 20%
Examination: 80%

The course leader will announce whether the examination will be closed book or open book. The use of Generative AI tools is not allowed.

Applicable to students admitted from Semester A 2022/23 to Summer Term 2024

Students must obtain a minimum mark of 50% in the final examination and an overall mark of 50% in order to pass the course.

Applicable to students admitted before Semester A 2022/23 and in Semester A 2024/25 & thereafter

Students must obtain a minimum mark of 40% in the final examination and an overall mark of 40% in order to pass the course.

When University facilities and resources are available, students are required to take a computer-based examination in computer labs. During the examination, students are blocked from access to files, programme and the Internet. Students will have access to the text of CISG and other statutory materials provided.

Examination Duration: 3 hours
 
Detailed Course Information

LW6143E.pdf

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