The current notions of physical ‘permanent establishment’ or tangible locational nexus are not well-suited for the taxation of modern digital economy, especially for taxation of business income, rents or revenue creating activities. In a Covid-19 wrecked global economy, where government revenues are under severe stress, there is a compelling case for a market country or the value-creating jurisdiction to tax the income or rents attributable to the concerned market or location.
James J. Nedumpara is Professor and Head of Centre for International Trade and Investment Law (CTIL) established by the Government of India at the Indian Institute of Foreign Trade (IIFT). In this capacity he advises the Government on various aspects relating to international trade and investment law. He is currently on leave from Jindal Global Law School where he joined as a founding faculty. James has almost two decades of experience in the field of international economic law and has worked with leading law firms, corporate firms and also UNCTAD's India programme before joining academia. He was also part of the Indian delegation that appeared in the recent proceedings on India – Agricultural Products (Avian Influenza dispute) before the WTO Appellate Body. James has also taught as a visiting faculty at FGV Law School, São Paolo, ITAM Mexico City, UNSW Australia and NLSIU, Bangalore. James received his Ph.D in Law from the National Law School of India University, Bangalore and holds LL.M. degrees from the University of Cambridge, UK, the New York University School of Law, USA and the National University of Singapore. He took his Bachelor of Laws (LL.B) degree from Mahatma Gandhi University, India. He is the Co-Chair of the South Asia International Economic Law Network (SAIELN).
The U.S.-China Trade Agreement, concluded on 15 January 2020, was the result of a trade war. It is limited to agriculture, mainly, and select service sectors of American interest, with provisions designed to prevent imbalances and distortions
The imminent expiration of the terms of some members of the WTO Appellate Body, with neither any signs of their extension nor appointments being made afresh, suggests that this crisis will intensify. An analysis of all that ails the WTO Appellate Body, and the implications this has for India and the multilateral trading system
At the World Trade Organisation (WTO)’s ongoing ninth Ministerial Conference, the focus of several countries is on food security. What does the proposed ‘Peace Clause,’ mean for developing nations? What are the complex factors at play in the decision-making process, in the ongoing meeting?