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Treaty Interpretation
 
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BOOK REVIEW TREATY INTERPRETATION Second Edition By Richard Gardiner Oxford University Press The Oxford International Law Library ISBN: 978 0 19966 923 3 www.oup.com FOR INTERNATIONAL LAWYERS: THE DEFINITIVE WORK ON THE INTERPRETATION OF TREATIES -- NOW IN A NEW EDITION An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers As the world ‘global village’ grows progressively smaller, the scope, reach and importance of international law looms correspondingly larger -- hence the need for the international lawyer to be able to interpret treaties in accordance with modern rules. Interestingly enough, interpreting treaties is regarded as an art by many who are expert in this field, including the author of this book, Richard Gardiner. ‘The increasing number and significance of treaties,’ he says, ‘has given added importance to the art of their interpretation.’ Certain critics have referred to this assessment as rather too glib and have asked ‘whether there were any rules for practising that art.’ Yes, asserts the author: ‘there are such rules.’ These are set out in the Vienna Convention of the Law of Treaties signed at Vienna in May 1969, known as ‘The Vienna Rules. ‘Those who would practice the art need to understand the rules,’ says the author, who, as a practising barrister, was a legal adviser at the Foreign and Commonwealth Office and a member of the Faculty of Law at University College, London. Now in its second edition, the book sets out to explain the Vienna Rules, giving examples of interpretations reached by applying them. At the same time, no claim is made that the Vienna Rules resolve all the problems of interpretation. However, it is pointed out that the rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Even more importantly, the rules of treaty interpretation codified in the Vienna Convention are now applicable to virtually all treaties, both internationally and within individual national legal systems, where treaties have an impact on a wide range of matters which now grows ever larger. Published by the Oxford University Press as part of their International Law Library, this fully updated edition features case law from a broad range of jurisdictions and gives an account of the work of the International Law Commission in its relation to interpretative declarations. An impressive work of scholarship regarded as a classic in this field, the book builds its close and minute analysis with the support of references to real-life examples as part of its practical approach. And there are any number of these from the trades union closed shop, to the principle of freedom of speech, to anti-dumping. With its extensive footnoting, numbered paragraphs throughout and astoundingly lengthy and very useful bibliography of some twelve pages, this book also provides tables of cases, treaties and legislation, plus a detailed table of contents and index at the back. As a valuable resource for researchers, academics and diplomats as well as international lawyers, it will certainly be regarded as indispensable for anyone professionally involved in the law of treaty interpretation. The publication date is cited as at 28 February 2015.
Views: 586 Phillip Taylor
Rules of Interpretation of Tax Treaties and Double Taxation Avoidance Agreement - CA Final
 
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For more information about Rules of Interpretation of Tax Treaties and Double Taxation Avoidance Agreement - CA Final
Views: 97 Arinjay Academy
treaty law - interpretation of treaties 1
 
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What is "treaty" or "international agreement"?
Vienna Convention on Treaties - Article 31, 32 and 33
 
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In this video you will learn about certain terms and their uses for interpretation of tax treaties, viz, Preamble, meaning of terms used in treaty, model commentaries, etc. Vienna Convention on Treaties (Including International Tax ) - Article 31, 32 and 33 Get Full Information about Vienna Convention on Treaties - Article 31, 32 and 33 visit:- https://www.arinjayacademy.com/blog/page/29/
Views: 175 Arinjay Academy
The Treaty of Versailles, What Did the Big Three Want? 1/2
 
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World War I officially came to an end with the signing of the Treaty of Versailles on June 28, 1919. 32 countries had come together in Paris in January 1919 to hold a conference which would make peace after the First World War. It would be dominated by the ‘big three’: - David Lloyd George, representing Britain, Georges Clemençeau representing France and Woodrow Wilson representing the USA. Wilson's 14 points: http://avalon.law.yale.edu/20th_century/wilson14.asp Support the cartoons on patreon: https://www.patreon.com/simplehistory?ty=c Get your copy of Simple History: World War I today! https://www.amazon.com/Simple-History-World-War-I/dp/1536830402/ref=asap_bc?ie=UTF8 Simple history gives you the facts, simple! See the book collection here: Amazon USA http://www.amazon.com/Daniel-Turner/e/B00H5TYLAE/ref=sr_ntt_srch_lnk_1?qid=1457289367&sr=8-1 Amazon UK http://www.amazon.co.uk/Daniel-Turner/e/B00H5TYLAE/ref=sr_ntt_srch_lnk_1?qid=1457289367&sr=8-1 http://www.simplehistory.co.uk/ https://www.facebook.com/Simple-History-549437675141192/ https://twitter.com/simple_guides Credit: Narrator: Chris Kane http://ckvox.com/ Animation: Daniel Turner artwork: Daniel turner Victoria Volodina Music: Opus One by Audionautix is licensed under a Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/) Artist: http://audionautix.com/ In the West by Kevin MacLeod is licensed under a Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/) Source: http://incompetech.com/music/royalty-free/index.html?isrc=USUAN1100746 Artist: http://incompetech.com/
Views: 858444 Simple History
International Law   Treaties
 
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Explains the ratification process, details of treaty research and process to validate or update treaty status.
Views: 16078 BC Law Reference
Lecture 12: Treaties - Grassy Narrows
 
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Professor John Borrows lecturing on the latest use of treaty interpretation principles by the Supreme Court of Canada: Grassy Narrows First Nations v. Ontario (Natural Resources) 2014 SCC 48 A critique of the judgment is the perspective of the Asubpeeschoseewagong peoples is absent. Oral history, such as creation stories and song, can contain standards of judgment which could be integrated alongside common law tools. A song at 23:12
Views: 522 Law 340
International Treaty 2017
 
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www.fao.org/plant-treaty This 3-minute animated film highlights the main mechanisms and impact of the International Treaty on Plant Genetic Resources for Food & Agriculture from the perspective of a female farmer in Africa. Subscribe! http://www.youtube.com/subscription_center?add_user=FAOoftheUN Follow #UNFAO on social media! * Facebook - https://www.facebook.com/UNFAO * Google+ - https://plus.google.com/+UNFAO * Instagram - https://instagram.com/unfao/ * LinkedIn - https://www.linkedin.com/company/fao * Twitter - http://www.twitter.com/faoknowledge © FAO: http://www.fao.org
Prevention of Treaty abuse
 
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EY Partner at International Tax Services Christian Ehlermann, gives his views on the practical impacts within the area of prevention of treaty abuse and the changed interpretation of the tax treaty rules, comming in the wake of the OECD work.
Views: 234 EY Danmark
Evolutionary Interpretation of Treaties: Controversy
 
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Eirik Bjorge discusses evolutionary interpretations of treaties, why they matter and why they are so controversial http://ukcatalogue.oup.com/product/9780198716143.do © Oxford University Press
Interpreting negotiations of Treaty of Rome
 
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On 26 June 1956, negotiations on treaties to establish an European Economic Community and an Atomic Energy Community (Euratom) started between Belgium, France, Germany, Italy, Luxembourg and The Netherlands at the small castle of Val Duchesse on the outskirts of Brussels. With the European Coal and Steel Communitiy they were to form the European Communities, later the EC and now the European Union. Two of the interpreters at the Intergovernmental Conference that drew up the Treaties of Rome (signed in 1957) talk about the working conditions at the time and the atmosphere of the negotiations. The negotiations lasted nine months and were carried through with a team of 6 interpreters, first in consecutive and later on also in simultaneous. The team was put together by Renée van Hoof, who went on to become the first Director General of the European Commission's interpreting service, later DG SCIC or DG Interpretation. Dieter Frisch, member of the interpreting team and later to become Director General of Development after leaving the interpreting service, appears as well. This is an excerpt from Living Memory, with text, narration and video by Susan Roberts and interviews by Ian Andersen. © VideoSCIC, European Commission 2003.
Views: 4058 EU Interpreters
Vienna Convention on the Law of Treaties 1969
 
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This Convention is codified in 1969 in Vienna, Austria. It provides rules of processes to conclude international treaty.
Views: 154 Share.knowledge KH
Vienna Convention on the Law of Treaties
 
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The Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 114 states as of April 2014. Some countries that have not ratified the Convention, such as the United States, recognize parts of it as a restatement of customary law and binding upon them as such. This video is targeted to blind users. Attribution: Article text available under CC-BY-SA Creative Commons image source in video
Views: 19205 Audiopedia
13  Interpretation of Treaties - Liberal or Strict - International Tax by CA Arinjay Jain
 
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Purchase the entire Course at https://www.arinjayacademy.com/learn/ca-final-international-taxation-elective-paper-6c?tab=3. Buy Full Course for USD 100 at https://www.arinjayacademy.com/learn/International-tax-course? Learn about Interpretation of Treaties - Liberal or Strict Course Faculty - CA Arinjay Kumar Jain Facebook - https://www.facebook.com/Internationaltaxcourse/ Course Faculty - CA Arinjay Kumar Jain Facebook - https://www.facebook.com/Internationaltaxcourse/
What is OUTER SPACE TREATY? What does OUTER SPACE TREATY mean? OUTER SPACE TREATY meaning
 
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What is OUTER SPACE TREATY? What does OUTER SPACE TREATY mean? OUTER SPACE TREATY meaning - OUTER SPACE TREATY definition - OUTER SPACE TREATY explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of international space law. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of January 2017, 105 countries are parties to the treaty, while another 24 have signed the treaty but have not completed ratification. In addition, the Republic of China (Taiwan), which is currently only recognized by 20 UN member states, ratified the treaty prior to the United Nations General Assembly's vote to transfer China's seat to the People's Republic of China (PRC) in 1971. The Outer Space Treaty represents the basic legal framework of international space law. Among its principles, it bars states party to the treaty from placing weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or otherwise stationing them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications (Article IV). However, the Treaty does not prohibit the placement of conventional weapons in orbit and thus some highly destructive attack strategies such as kinetic bombardment are still potentially allowable. The treaty also states that the exploration of outer space shall be done to benefit all countries and that space shall be free for exploration and use by all the States. The treaty explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means". However, the State that launches a space object retains jurisdiction and control over that object. The State is also liable for damages caused by their space object. Article 6 of the Outer Space Treaty deals with international responsibility, stating that "the activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty" and that States Parties shall bear international responsibility for national space activities whether carried out by governmental or non-governmental entities. As a result of discussions arising from Project West Ford in 1963, a consultation clause was included in Article 9 of the Outer Space Treaty: "A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the Moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the Moon and other celestial bodies, may request consultation concerning the activity or experiment."
Views: 1871 The Audiopedia
Treaty Interpretation 1 - Treaty Conference
 
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The panel backgrounder can be viewed at this link: http://vitreaties.files.wordpress.com/2011/12/backgrounder-interpretation.pdf Panelists: •Dr. Bruce G. Miller •Chris Arnett •Neil Vallance •Clo Ostrove •Hamar Foster, Q.C. (Moderator) Video Production by Paul Manly & Manly Media Ltd.
Views: 535 Snuneymuxw
Jus Cogens , Peremptory norms explained | Lex Animata | Hesham Elrafei
 
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What is Jus Cogens ( Peremptory norms ) ? By Hesham Elrafei https://www.linkedin.com/in/heshamelrafei This animation video visualize and simply the concept of Jus Cogens in International law as per the Article 53 of the Vienna Convention on the Law of Treaties 1969, the video examines the following in terms of : definition and meaning of the term, origin in the roman law ( JUS STRICTUM & JUS DISPOSITIVUM ) , example of jus cogens norms ( genocide , crimes against humanity , slavery trade , torture, use of force, piracy , violation of human rights etc ) and the legal effect of an agreement violating a jus cogens norm: void.
Views: 55276 LEX ANIMATA
Justice Feliciano on the Interpretation of Treaties
 
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To watch the full lecture, please go to http://legal.un.org/avl/ls/Feliciano_IEL.html Justice Florentino P. Feliciano, Former Member and Chairman, Appellate Body, World Trade Organization
Eliminating Treaty Shopping
 
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The OECD/G20 Base Erosion and Profit Shifting (BEPS) Project provides governments with solutions for closing the gaps in existing international rules, that currently allow corporate profits to “disappear” or be artificially shifted to low/no tax environments, where little or no economic activity takes place. For more info visit: http://www1.oecd.org/tax/preventing-the-granting-of-treaty-benefits-in-inappropriate-circumstances-action-6-2015-final-report-9789264241695-en.htm
Views: 28518 OECD
Tax Treaties, Part 1
 
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Learn the basics of U.S. income tax treaties in this 3 part playlist. This one covers common provisions and resident (eligible for the treaty) defined. Here's what you will see: 00:00 Introduction 01:44 Common provisions 02:54 Resident defined (basic) 03:47 Business profits & PE (basic; see Part 2) 04:41 Reduce withholding taxes 05:39 Grant foreign tax credit 06:09 Resident defined (details) 07:47 Quiz and closing Resources: IRS Publication 901, U.S. Tax Treaties https://www.irs.gov/pub/irs-pdf/p901.pdf IRS Tax Treaties A to Z https://www.irs.gov/businesses/international-businesses/united-states-income-tax-treaties-a-to-z Quiz: 1. Which of the following are in nearly all U.S. income tax treaties? Check all that apply. Definition of resident a. Reduced tax rate on business income b. Reduced tax rate on interest c. Specify what taxes are covered 2. True or false: Nearly all U.S. tax treaties are the same as the U.S. model treaty. True False 3. If an individual is resident in two treaty countries, what usually happens? a. He/she gets taxed in both countries. b. He/she has to apply to each country for partial reduction of tax. c. A tie breaker rule determines which country gets to tax him/her. 4. Where is a corporation resident under most treaties? a. Where it is incorporated or controlled b. Where it has most of its business c. Where it holds annual shareholder meetings Alternative resources: OECD Model Tax Treaty and explanation of same Quiz answers: 1.c., 2.false, 3.c., 4.a.
Views: 347 International Tax
International Tax - Part 11 - Tax Treaties and Foreign Tax Credits
 
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In this section I briefly discuss what a tax treaty is and the different between a foreign tax credit and foreign tax deduction.
Views: 937 Tech Asia
What Laws Apply In International Waters?
 
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Pope Francis recently granted sainthood to two 19th century Palestinian nuns. So we were wondering what are the qualifications for becoming a saint? » Subscribe to NowThis World: http://go.nowth.is/World_Subscribe Learn More: Pope Francis Is Making Saints Out Of Two Palestinian Nuns http://www.huffingtonpost.com/2015/05/13/pope-francis-saints-palestinian-nuns_n_7260252.html "Pope Francis will bestow sainthood on two Palestinian nuns on Sunday (May 17), a move that's being seen as giving hope to the conflict-wracked Middle East and shining the spotlight on the plight of Christians in the region." How does someone become a saint? http://www.bbc.com/news/world-europe-27140646 "Pope John Paul II and Pope John XXIII are to be declared saints by the Catholic Church." Is Mother Teresa's Miracle for Real? http://www.slate.com/articles/news_and_politics/explainer/2003/10/is_mother_teresas_miracle_for_real.html "On Sunday, Pope John Paul II beatified Mother Teresa of Calcutta, bringing her one step closer to sainthood." _________________________ NowThis World is dedicated to bringing you topical explainers about the world around you. Each week we’ll be exploring current stories in international news, by examining the facts, providing historical context, and outlining the key players involved. We’ll also highlight powerful countries, ideologies, influential leaders, and ongoing global conflicts that are shaping the current landscape of the international community across the globe today. More from NowThis: » Subscribe to NowThis News: http://go.nowth.is/News_Subscribe » Like NowThis World on Facebook: https://go.nowth.is/World_Facebook » Connect with Judah: Follow @judah_robinson on Twitter – Facebook: http://go.nowth.is/LikeJudah » Connect with Versha: Follow @versharma on Twitter – Facebook: http://go.nowth.is/LikeVersha http://www.youtube.com/nowthisworld Special thanks to Lissette Padilla for hosting TestTube! Check Lissette out on Twitter:https://twitter.com/lizzette
Views: 246696 NowThis World
Rules of war (in a nutshell)
 
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Yes, even wars have laws. To find out more, visit http://therulesofwar.org ******** Rules of War in a Nutshell - script Since the beginning, humans have resorted to violence as a way to settle disagreements. Yet through the ages, people from around the world have tried to limit the brutality of war. It was this humanitarian spirit that led to the First Geneva Convention of 1864,and to the birth of modern International Humanitarian Law. Setting the basic limits on how wars can be fought, these universal laws of war protect those not fighting, as well as those no longer able to. To do this, a distinction must always be made between who or what may be attacked, and who or what must be spared and protected. - CIVILIANS - Most importantly, civilians can never be targeted. To do so is a war crime. “When they drove into our village, they shouted that they were going to kill everyone. I was so scared, I ran to hide in the bush. I heard my mother screaming. I thought I would never see her again.” Every possible care must be taken to avoid harming civilians or destroying things essential for their survival. They have a right to receive the help they need. - DETAINEES - “The conditions prisoners lived in never used to bother me. People like him were the reason my brother was dead. He was the enemy and was nothing to me. But then I realized that behind bars, he was out of action and no longer a threat to me or my family.” The laws of war prohibit torture and other ill-treatment of detainees, whatever their past. They must be given food and water and allowed to communicate with loved ones. This preserves their dignity and keeps them alive. - SICK & WOUNDED - Medical workers save lives, sometimes in the most dangerous conditions. “Several fighters from both sides had been critically wounded in a fierce battle and we were taking them to the closest hospital. At a checkpoint, a soldier threatened us, demanding that we only treat his men. Time was running out and I was afraid they were all going to die.” Medical workers must always be allowed to do their job and the Red Cross or Red Crescent must not be attacked. The sick or wounded have a right to be cared for, regardless of whose side they are on. - LIMITS TO WARFARE - Advances in weapons technology has meant that the rules of war have also had to adapt. Because some weapons and methods of warfare don't distinguish between fighters and civilians, limits on their use have been agreed. In the future, wars may be fought with fully autonomous robots. But will such robots ever have the ability to distinguish between a military target and someone who must never be attacked? No matter how sophisticated weapons become it is essential that they are in line with the rules of war. International Humanitarian Law is all about making choices that preserve a minimum of human dignity in times of war, and makes sure that living together again is possible once the last bullet has been shot.
What is the difference between treaty protocol and convention ?
 
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Treaty-An international agreement between two parties, members or even nations. Protocol-A document that is legally binding that allows alterations and amendments to the main treaty. Convention-A convention is something that happens prior to a treaty being formed. A convention can also mean a treaty among a number of countries.
Views: 2750 Quikr Exam
[OEMF2017] Off-Earth Mining under the Outer Space Treaty: Legal with Future Challenges
 
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20-21 September 2017 http://www.acser.unsw.edu.au/oemf2017 Ian B. Perry Solo Practitioner, State Bar of Texas, USA Off-Earth Mining under the Outer Space Treaty: Legal with Future Challenges Mining asteroids and planets other than the Earth is compatible with the Outer Space Treaty. The “use-but-no-territorial-ownership” regime created by the Outer Space Treaty is similar to that of the high seas in many respects (allowing for some differences such as with regard to liability). Countries are well within their rights and obligations under the Outer Space Treaty to pass legislation allowing ownership of extracted resources. Under international law and the four main space treaties, it does not matter whether the resources are extracted by a government entity, a private company, or a public-private partnership, national governments may authorize resource extraction activities by any of these types of entities. In the future, some problems may arise if space activities on asteroids, moons, and planets start to operate in a way which resembles activities on land rather than activities on the high seas. Current international space law is sufficient to al low for private profit, but may have difficulties dealing with disputes arising when many Off-Earth mining activities are conducted in close proximity, especially when permanent installations are constructed. Ian Perry is an attorney currently working in Houston Texas. He has completed a Master of Laws in Air and Space Law and a Juris Doctorate from the University of Mississippi. He was a member of the 2015 Manfred Lacks (space law) Moot Court World Champion team (that year’s problem, incidentally, involved asteroids). Mr. Perry is the author of a paper on space resources published in Astropolitics, and co-authored a paper presented at IAC 2016 on the same subject. This year he coached the winning team of the Africa round, which will be competing in Adelaide at IAC 2017.
Views: 1224 ACSER UNSW
Treaty of Waitangi
 
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Produced in 1993, what has changed? This documentary examines the Treaty between the Crown and Māori.
Views: 11557 TangataWhenuaHD
Overview, Part 8:  Tax Treaties, Transfer Pricing, Recap of International Tax Rules
 
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Learn the very basics of U.S. tax treaties and transfer pricing rules. Also, watch a recap of the Overview of U.S. International Tax Rules playlist. You'll see: 00:00 Introduction 00:39 Treaties: every one is different 00:56 Common treaty provisions 01:39 Transfer pricing rules, brief summary 02:55 Recap of playlist There are no quizzes for this part. Resources: Treaties: IRS Publication 901 https://www.irs.gov/publications/p901 Transfer pricing: 26 USC 482 http://uscode.house.gov/view.xhtml?req=(title:26%20section:482%20edition:prelim)%20OR%20 (granuleid:USC-prelim-title26-section482)&f=treesort&edition=prelim&num=0&jumpTo=true 26 USC 1.482-1 through https://www.ecfr.gov/cgi-bin/text-idx?mc=true&tpl=/ecfrbrowse/Title26/26cfr1h_main_02.tpl For more information on international tax topics, watch other videos on this channel, or visit my website, sfoxcpa.com. Thanks for learning with me.
Views: 96 International Tax
International treaties and agreements PART 3 | General studies for civils | General knowledge
 
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A treaty under international law is an agreement entered into by sovereign states and international organizations. Treaties are comparable to contracts, in the sense that both are means of willing parties assuming obligations among themselves. In both treaties and contracts, a party to either that fails to live up to their obligations can be held liable under international law. The central principle of treaty law is expressed in the maxim pacta sunt servanda—”pacts must be respected”. Treaties under international law may either be bilateral or unilateral. Multilateral treaties establish the rights and obligations between the parties. Moreover, multilateral treaties are often, but not always regional. Bilateral treaties by contrast are negotiated between a limited number of states, most commonly only two, establishing legal rights and obligations between those two states only. Though on entering into a treaty, the states become generally bound by the terms of the treaty, it is possible to modify, alter or amend treaty obligations. These are possible through Amendments, Protocols and Reservations. Reservations are unilateral statement purporting to exclude or to modify the legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification. In other words, a party cannot add a reservation after it has already joined a treaty. An existing treaty can be amended in three ways. First, formal amendment requires States parties to the treaty to go through the ratification process all over again. The re-negotiation of treaty provisions can be long and protracted, and often some parties to the original treaty will not become parties to the amended treaty. When determining the legal obligations of states, one party to the original treaty and one a party to the amended treaty, the states will only be bound by the terms they both agreed upon. Treaties can also be amended informally by the treaty executive council when the changes are only procedural, technical, or administrative. Finally, a change in customary international law can also amend a treaty, where state behavior evinces a new interpretation of the legal obligations under the treaty. In international law and international relations, a protocol is generally a treaty or international agreement that supplements a previous treaty or international agreement. A protocol can amend the previous treaty, or add additional provisions. Interpretation of a treaty is also a subject of importance under international law. The language of treaties, like that of any law or contract, must be interpreted when the wording does not seem clear or it is not immediately apparent how it should be applied in a perhaps unforeseen circumstance. The Vienna Convention states that treaties are to be interpreted “in good faith” according to the “ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose.” No one party to a treaty can impose its particular interpretation of the treaty upon the other parties. Consent may be implied, however, if the other parties fail to explicitly disavow that initially unilateral interpretation, particularly if that state has acted upon its view of the treaty without complaint. Consent by all parties to the treaty to a particular interpretation has the legal effect of adding an additional clause to the treaty – this is commonly called an ‘authentic interpretation’. A party to a treaty may also put an end to it either by withdrawal, suspension or termination. While many treaties expressly forbid withdrawal, other treaties are silent on the issue, and so if a state attempts withdrawal through its own unilateral denunciation of the treaty, a determination must be made regarding whether permitting withdrawal is contrary to the original intent of the parties or to the nature of the treaty. If a party has materially violated or breached its treaty obligations, the other parties may invoke this breach as grounds for temporarily suspending their obligations to that party under the treaty. A material breach may also be invoked as grounds for permanently terminating the treaty itself.
Views: 90 Speakok
NATO - North Atlantic Treaty Organisation कब कैसे और क्यूँ बनी ? - UPSC / STATE PSC
 
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Views: 405406 Study IQ education
Aboriginal Title and Provincial Regulation: The Impact of Tsilhqot'in Nation v BC
 
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In partnership with the Centre for Global Studies and the POLIS Project on Ecological Governance, UVic Law presents this two-hour panel discussion and Continuing Legal Education (CLE) course on this case of national significance. Panelists include: Jay Nelson (General Counsel to the Tsilhqot'in Nation, Associate Counsel at Woodward & Company), Krista Robertson (Lawyer at JFK Law Corporation with expertise in Aboriginal Rights Law) and Dr. John Borrows (Canada Research Chair in Indigenous Law at the University of Victoria).
Views: 6579 UVic Law
The Outer Space Treaty - 8.06
 
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TMRO is a crowd funded show. If you like this episode consider contributing to help us to continue to improve. Head over to http://www.patreon.com/tmro for information, goals and reward levels. This week we are joined by Dr. Christopher J. Newman to talk space law and the Outer Space Treaty of 1967. Dr. Christopher J. Newman is a Reader in Law at the University of Sunderland. He has been active in the teaching and research of Space Law for a number of years and has recently worked with academics from other disciplines on a publication examining the ethical underpinnings of Space Governance. Chris is currently working on research examining United Kingdom and European Space Policy and has made numerous appearances on British Radio and Television in relation to space law matters. In addition to being a senior member of the law team at the University of Sunderland, Chris is also a full member of the International Institute of Space Law and a member of the British Interplanetary Society. Space Mike is back for News! * DSCOVR Launch on Falcon 9 * Progress Launch * Europe’s ATV space freighter bids final goodbye to space station * Dragon Returns to Earth * Mars One announced their 100 candidates * Mars One suspends work on Robotic Missions * SpaceX leases SLC-13 at Cape for landing
Views: 6315 TMRO
What's the deal with treaties?
 
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The need for treaties and the rationale behind the treaty negotiations process are explored by high schools students in this 2000 video. They develop an understanding of the political, historical, economic and legal factors behind treaties.
Views: 1556 BC Treaty Commission
What Was the Treaty of Westphalia? AP Euro Bit by Bit #18
 
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The Treaty of Westphalia ended the Thirty Years' War in Europe and marked a turning point in western history. Why was it so important? Well, watch the video.
Views: 65908 Paul Sargent
Treaties of Canada
 
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How were the First Nations people affected by the Treaties of Canada?-- Created using PowToon -- Free sign up at http://www.powtoon.com/youtube/ -- Create animated videos and animated presentations for free. PowToon is a free tool that allows you to develop cool animated clips and animated presentations for your website, office meeting, sales pitch, nonprofit fundraiser, product launch, video resume, or anything else you could use an animated explainer video. PowToon's animation templates help you create animated presentations and animated explainer videos from scratch. Anyone can produce awesome animations quickly with PowToon, without the cost or hassle other professional animation services require.
Views: 16277 Grade SevenEight
What is a DTAA / Double Taxation Avoidance Agreement / Tax Treaty?
 
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For more details about DTAA visit:- https://www.arinjayacademy.com/course/international-tax-tax-beyond-boundaries/ Visit our website www.arinjayacademy.com for Hindi,  Maths, Accounts, CA Final International Tax, Direct Tax at following links  Hindi Class 6 Notes, click -  https://www.arinjayacademy.com/hindi-vyakaran-हिंदी-व्याकरण-class-6/ Hindi Class 7 Notes, click -  https://www.arinjayacademy.com/hindi-vyakaran-class-7/  Hindi Class 8 Notes, click -  https://www.arinjayacademy.com/hindi-vyakaran-class-8/ Hindi Class 9 and Class 10 Notes, click -  https://www.arinjayacademy.com/hindi-vyakaran-class-10/ Maths Class 3 Notes, click -  https://www.arinjayacademy.com/practice-maths-grade-3/ Maths Class 4 Notes, click -  https://www.arinjayacademy.com/maths-class-4/ Maths Class 5 Notes, click -  https://www.arinjayacademy.com/practice-maths-grade-5/  Maths Class 6 Notes, click -  https://www.arinjayacademy.com/practice-maths-grade-6/  Maths Class 7 Notes, click -  https://www.arinjayacademy.com/practice-maths-grade-7/  Maths Class 8 Notes, click -  https://www.arinjayacademy.com/practice-maths-grade-8/ Accounts Class 11 Notes, click - https://www.arinjayacademy.com/accounts_class-xi/ Accounts Class 12 Notes, click  -  https://www.arinjayacademy.com/accountancy-class-12/  CA Final International Tax Notes, click -  https://www.arinjayacademy.com/ca-final-elective-paper-6c-international-tax/ Transfer Pricing Notes, click -  https://www.arinjayacademy.com/transfer-pricing/ International Tax Article by Article Notes, Click -  https://www.arinjayacademy.com/international-tax-interpreting-tax-treaty/ Buy entire course at https://www.arinjayacademy.com/course/international-tax-tax-beyond-boundaries/ In this video you will learn about meaning of DTAA or tax treaty Please visit the following links. Course link - https://learn.arinjayacademy.com/learn/International-tax-course? Youtube Channel Link : - https://www.youtube.com/c/arinjayjainacademy Website Link: http://www.arinjayacademy.com Facebook Page:- https://www.facebook.com/arinjayacademy For more videos , Please Subscribe to our channel
Views: 113 Arinjay Academy
Vienna Convention on Law of Treaties - International Tax Treaty (DTAA)
 
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View more information about the Vienna Convention on Law of Treaties - International Tax Treaty (DTAA) visit:- https://www.arinjayacademy.com/blog/page/29/ Visit our website www.arinjayacademy.com for Hindi,  Maths, Accounts, CA Final International Tax, Direct Tax at following links  Hindi Class 6 Notes, click -  https://www.arinjayacademy.com/hindi-vyakaran-हिंदी-व्याकरण-class-6/ Hindi Class 7 Notes, click -  https://www.arinjayacademy.com/hindi-vyakaran-class-7/  Hindi Class 8 Notes, click -  https://www.arinjayacademy.com/hindi-vyakaran-class-8/ Hindi Class 9 and Class 10 Notes, click -  https://www.arinjayacademy.com/hindi-vyakaran-class-10/ Maths Class 3 Notes, click -  https://www.arinjayacademy.com/practice-maths-grade-3/ Maths Class 4 Notes, click -  https://www.arinjayacademy.com/maths-class-4/ Maths Class 5 Notes, click -  https://www.arinjayacademy.com/practice-maths-grade-5/  Maths Class 6 Notes, click -  https://www.arinjayacademy.com/practice-maths-grade-6/  Maths Class 7 Notes, click -  https://www.arinjayacademy.com/practice-maths-grade-7/  Maths Class 8 Notes, click -  https://www.arinjayacademy.com/practice-maths-grade-8/ Accounts Class 11 Notes, click - https://www.arinjayacademy.com/accounts_class-xi/ Accounts Class 12 Notes, click  -  https://www.arinjayacademy.com/accountancy-class-12/  CA Final International Tax Notes, click -  https://www.arinjayacademy.com/ca-final-elective-paper-6c-international-tax/ Transfer Pricing Notes, click -  https://www.arinjayacademy.com/transfer-pricing/ International Tax Article by Article Notes, Click -  https://www.arinjayacademy.com/international-tax-interpreting-tax-treaty/ Vienna Convention on Law of Treaties - International Tax Treaty (DTAA) International Tax Treaty (DTAA) Online Course - https://learn.arinjayacademy.com/learn/International-tax-course? Please visit the following links. Course link - https://learn.arinjayacademy.com/learn/International-tax-course? Youtube Channel Link : - https://www.youtube.com/c/arinjayjainacademy Website Link: http://www.arinjayacademy.com Facebook Page:- https://www.facebook.com/arinjayacademy For more videos , Please Subscribe to our channel
Views: 102 Arinjay Academy
Sources of International law
 
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According to article 38 of Statute of the International Court of Justice there are five sources of international law. 1. Treaties 2. Customs 3. General Principles of law 4. Judicial Decisions 5. Juristic works
Views: 65761 LAW Notes
Are the Metis Treaty People?
 
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Dr. Adam Gaudry from the University of Saskatchewan argues that the Manitoba Act should be thought of as a treaty between the Metis Nation and Canada. Part of the 2015-2016 Weweni Indigenous Scholars Speaker Series presented by the Indigenous Affairs Office. From January 6, 2016.
Views: 8088 UWinnipeg
The European Union Explained*
 
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CGPGrey T-Shirts: http://dftba.com/product/10m/CGP-Grey-Logo-Shirt Help support videos like this: http://www.cgpgrey.com/subbable Twitter: https://twitter.com/cgpgrey Tumblr: http://cgpgrey.tumblr.com/ G+: https://plus.google.com/115415241633901418932/posts
Views: 6831535 CGP Grey
What is MOON TREATY? What does MOON TREATY mean? MOON TREATY meaning, definition & explanation
 
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What is MOON TREATY? What does MOON TREATY mean? MOON TREATY meaning - MOON TREATY definition - MOON TREATY explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. SUBSCRIBE to our Google Earth flights channel - https://www.youtube.com/channel/UC6UuCPh7GrXznZi0Hz2YQnQ The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, better known as the Moon Treaty or Moon Agreement, is an international treaty that turns jurisdiction of all celestial bodies (including the orbits around such bodies) over to the international community. Thus, all activities must conform to international law, including the United Nations Charter. In practice it is a failed treaty because it has not been ratified by any state that engages in self-launched manned space exploration or has plans to do so (e.g. the United States, the larger part of the member states of the European Space Agency, Russia (former Soviet Union), People's Republic of China, Japan, and India) since its creation in 1979, and thus has a negligible effect on actual spaceflight. As of November 2016, it has been ratified by 17 states. As a follow-on to the Outer Space Treaty, the Moon Treaty intended to establish a regime for the use of the Moon and other celestial bodies similar to the one established for the sea floor in the United Nations Convention on the Law of the Sea. The treaty would apply to the Moon and to other celestial bodies within the Solar System, other than Earth, including orbits around or other trajectories to or around them. The treaty makes a declaration that the Moon should be used for the benefit of all states and all peoples of the international community. It also expresses a desire to prevent the Moon from becoming a source of international conflict. To those ends the treaty does the following: Bans any military use of celestial bodies, including weapon testing or as military bases. Bans all exploration and uses of celestial bodies without the approval or benefit of other states under the common heritage of mankind principle (article 11). Requires that the Secretary-General must be notified of all celestial activities (and discoveries developed thanks to those activities). Declares all states have an equal right to conduct research on celestial bodies. Declares that for any samples obtained during research activities, the state that obtained them must consider making part of it available to all countries/scientific communities for research. Bans altering the environment of celestial bodies and requires that states must take measures to prevent accidental contamination. Bans any state from claiming sovereignty over any territory of celestial bodies. Bans any ownership of any extraterrestrial property by any organization or person, unless that organization is international and governmental. Requires an international regime be set up to ensure safe and orderly development and management of the resources and sharing of the benefits from them. The treaty was finalized in 1979 and entered into force for the ratifying parties in 1984. As of November 2016, 17 states are parties to the treaty, seven of which ratified the agreement and the rest acceded. Four additional states have signed but not ratified the treaty. The L5 Society and others successfully opposed ratification of the treaty by the United States Senate. The objection to the treaty by the spacefaring nations is held to be the requirement that extracted resources (and the technology used to that end) must be shared with other nations. The similar regime in the United Nations Convention on the Law of the Sea is believed to impede the development of such industries on the seabed.
Views: 243 The Audiopedia