DIGITAL SERVICES TAX REGULATION AND WTO NON-DISCRIMINATION PRINCIPLE: IS THE DECK STACKED?

نویسندگان

چکیده

A growing debate on the imposition of digital services tax emerged as one latest trade war battlegrounds. Indonesia and European Union (EU) are among countries that have taken unilateral actions to implement tax. This paper examines (i) regulation in EU (ii) whether violates non-discrimination principles WTO according GATS. By comparing statutory practice EU, this work concludes firstly, is regulated by law, which implements significant economic presence (SEP) criteria. In through Council Directives ring-fencing method well SEP Secondly, GATS promulgated Article II concerning Most-Favored Nation Treatment XVII National relevant jurisprudence case laws. EU’s not discriminatory, because based existing indicators, existence both de jure facto discrimination proven. suggests event there member states who decide challenge measures WTO, should provide evidence shows absence unfavorable treatment certain practices EU.

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ژورنال

عنوان ژورنال: Indonesian Journal of International Law

سال: 2021

ISSN: ['1693-5594', '2356-5527']

DOI: https://doi.org/10.17304/ijil.vol19.1.2