Financial transaction taxes and the right of free transfer and convertibility under international investment law
PhD student: Mr I.J.D. Hillebrand Pohl
Promotors: Prof P.L.H. van den Bossche, Mrs Dr D. Prévost
Duration: 1/9/2013 - 31/8/2019
The free transfer of funds at market exchange rates is a cornerstone in international investment law, and of key importance to foreign investors and capital-exporting States. A financial transaction tax (FTT) may be an obvious form of transfer restriction. Nevertheless, international investment agreements (IIAs) often purport to exclude taxation matters from their scope of application. The proposed research aims at (a) reconciling this fundamental ambiguity between investors right to free transfer and States retained tax sovereignty and (b) analysing whether taxation that distorts the market exchange rate at which transferred funds may be converted conflicts with international investment law.