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- Title
Corporations, comity and the 'revenue rule': a jurisprudence of offshore.
- Authors
Quentin, Clair
- Abstract
This article contrasts the territorial unboundedness of company law, arising from 'comity', with the territorial constraint imposed on tax law i.e. 'the revenue rule'. 'Comity' is found to be a judicial fig-leaf disguising a form of corporate sovereignty arising from the fact that economic relations are always already constituted through the corporate form before any scrutiny of their ontology. This observation is developed into a theory of 'offshore'. The prevailing view of offshore is that the state bifurcates its sovereignty to create juridical spaces where international capital is relieved of local tax/regulatory regimes. This article seeks to underpin that view with an analysis whereby corporate capital and state sovereignty are rival species of property regime, existing in a state of mutual antagonism. On this view offshore is the juridical space, manifesting itself through the aforementioned bifurcations, where the company is sovereign over the state rather than vice-versa.
- Subjects
REVENUE rulings; FOOD sovereignty; JURISPRUDENCE; CORPORATE state; SOVEREIGNTY; CORPORATION law
- Publication
London Review of International Law, 2020, Vol 8, Issue 3, p399
- ISSN
2050-6325
- Publication type
Article
- DOI
10.1093/lril/lrab001