Sunday, August 25, 2019
International Journal of Law, Humanities & Social Science

ISSN(ONLINE) :2521-0793
ISSN :(PRINT) :2521-0785

Volume 3 - Issue 2

Paper Type: Research Paper
Title: THE FEASIBILITY OF THE APPLICATION OF THE ARM’S LENGTH PRINCIPLE IN TRANSFER PRICING
Research Area:  International Trade
Author(s): Ambareen Beebeejaun

Abstract: The aim of the research paper is to analyse the feasibility of applying the arm’s length principle (ALP) in the international sphere. ALP is a concept introduced by OECD for intra-firm trade especially in cross-border transactions. In the pursuit of profit maximisation, multinational enterprises engage in the process of profit-shifting to low tax-based jurisdictions and this involves the manipulation of prices which they charge to affiliated companies situated in other countries. Therefore, the ALP is being used as a tool to avoid harmful transfer pricing practices. This paper will demonstrate the extent to which a complete harmonization of the ALP across the globe is unattainable. The methodology adopted for the study comprises of the black letter approach for the purpose of illustrating the ALP and the OECD guidelines on the application of the principle. Thereafter, a comparative analysis is carried out to demonstrate the United States (US) divergence to the ALP further to the development of their own transfer pricing rules. This research paper sets out the main reasons behind some countries divergence to the ALP as brought forward by OECD, especially the lack of binding force of law of the OECD guidelines on OECD member countries, the theoretical shortcomings of the ALP and the bias of some governments about multinationals being tax evaders. The paper concludes that a complete harmonisation of transfer pricing rules including the ALP is almost impossible to attain and portrays the US preference for profit-split methods which resembles the formulary apportionment method over traditional transactional methods.

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Paper Type: Research Paper
Title: INDUSTRY-LED GROWTH IN JAMMU AND KASHMIR
Research Area: Social Science
Author(s): Mudasir Ahmad Dar 

Abstract: Jammu and Kashmir is one of the most underdeveloped states of India. One of the reasons for its underdevelopment is the low growth rate of industrialization. Industrialization plays a vital role in the economic development of any region. This is even true for a developing economy like Jammu and Kashmir where the industrialization can produce avenues for absorbing the excess manpower and ensures the availability of mass consumption goods for a vast population. Hence industrialization in the state will not only boost the economy but will also restore peace. The process of industrialization helps in harnessing and transforming the raw resources into useful consumer products and effective means and tools of production and in the development of infrastructure. Here, we need to emphasize that tourism alone cannot be sufficient for the rapid economic growth in the state, because of the fact that tourism generates only 4 per cent of employment (Economic Survey 2014-15). Therefore, there is a need for economic diversification in Jammu and Kashmir in order to absorb the huge labour force in the state. In this direction present study will try to answer important questions such as, to identify the type of industries which have the potentiality to grow in Jammu and Kashmir and what are the employment opportunities in these potential industries and how industrialization affects economic growth?

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Paper Type: Research Paper
Title: THE INTERNATIONAL LEGAL FRAMEWORK OF REFUGEE PROTECTION
Research Area:  Refugee Law
Author(s): Moussaoud Constalain Chrisna 

Abstract: The more there are conflicts, the more they generate a large number of refugees, the more a large number of refugees is spread out around the world, the more it becomes a global issue involving the entire international community. Nowadays, the protection of refugees has become a major problem states, international organizations and other refugees’ agencies have been facing, so it can be seen as a continuous feature of international life in the present century. The aim of this article is to show the place of the protection of refugees in the international legal framework, which is International refugee law, governing refugee protection as a branch of international law, originating from the revolution in Russia and the collapse of the Ottoman Empire after the First World War in Europe, causing mass movement of people. International law is not itself a solution to the problem of refugees and the challenges produced by migratory flow, but it can be a facilitator and a guide to the principled effectiveness of measures which states may take. The significance of this topic is perceived from the fact it remains a current one and a global issue involving all the states signing the 1951 Geneva Convention on the status of the refugees.

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Paper Type: Research Paper
Title: DETERMINATION OF JURISDICTION TO ADJUDICATE CROSS-BORDER ELECTRONIC COMMERCE DISPUTES
Research Area: Law
Author(s): Palmer Prince Dagadu 

Abstract: The tremendous increase in E-commerce brings about the all-important question of which court has jurisdiction to adjudicate cross-border E-commerce dispute in perspective of the fact that parties to E-contract live in various jurisdiction with different legal frameworks. The response to this question has a mix of legislation, self-regulation and international cooperation. The study examines the existing laws and regulations as well as the rejuvenation and the provision of the harmonious agreement with regard to private law at the international level. it also analyses the current legal administrative structure of jurisdiction in E-commerce dispute adjudication and recommends means to evacuate the impediments to the determination of jurisdiction in cross-border E-commerce disputes adjudication. Using a qualitative approach that involves theoretical review and empirical study mixed with the explanatory presentation, the study explains keywords such as E-commerce, Jurisdiction and Dispute by utilizing existing information from journals, articles, case reports and other historical records. It also uses the analytical and theoretical approach in examining the stance of some international organizations such as the International Chamber of Commerce (ICC), The Organization for Economic Cooperation and Development (OECD), World Trade Organization (WTO) and World Intellectual Property Organization (WIPO) on the mechanism to adopt in the determination of jurisdiction in cross-border E-commerce dispute adjudication. 

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Paper Type: Research Paper
Title: THE ONGOING TRADE WAR BETWEEN CHINA AND THE UNITED STATES: LEGAL JUSTIFICATION FOR THE ADDITIONAL TARIFF MEASURES ADOPTED BY CHINA UNDER THE WTO LEGAL SYSTEM
Research Area: Law
Author(s): Eric Mgeel-Kafui 

Abstract: The ongoing trade war between the United States and China with the view of offering a legal justification for the additional tariff measures adopted by China under the WTO legal system. The study utilizes a critical literature review study design in establishing the legal options available and related conditions for considerations of using retaliatory tariff measures by a WTO member state against another. The study results showed that the principle of the most favourable nation treatment safeguards the Chinese nation from discriminative trade treatment by the United States. There was no evidence that the United States had complied with dictates of the WTO agreements on exceptions to the most favourable nation treatment principles against China. As such, China is justified to adopt additional tariff measures. There is a need for a more specific study on the specific circumstantial conditions behind the US-China trade wars in light of the WTO legal system. The study informs the mutual participatory nature of the WTO legal system for assured benefits amongst member states.

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