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This chapter comprehensively analyses tax incentives and their impacts on trade and investment, focusing on the need to balance policy objectives in different jurisdictions. This chapter explores the intricate relationship between tax incentives and foreign direct investment (FDI) within the international legal framework governed by Bilateral Investment Treaties (BITs), World Trade Organisation’s Agreement on Subsidies and Countervailing Measures (ASCM), and Trade-Related Investment Measures (TRIMs). It examines the concept of performance requirements and their role in tax-incentive policies, emphasising the lessons learned and implications for modern BITs. Furthermore, this chapter discusses the development of appropriate institutions for tax incentives, highlighting the importance of identifying incentives and requirements tailored to local economies. It delves into the interplay among BITs, TRIMs, and ASCM, providing insights into designing tax incentive regimes that strike a balance between promoting investments, safeguarding trade interests, and ensuring equitable outcomes. The chapter also addresses the future of tax incentives and performance requirements, advocating the adoption of naturally attractive incentives, promoting stability and predictability in tax incentive regimes, and fostering transparency and accountability to build trust and credibility. By employing a qualitative approach and comparative analysis, this chapter offers a nuanced understanding of the complex interplay among international legal frameworks, national policy objectives, and strategic choices in economic development paths. It concludes by presenting major legal lessons derived from the analysis and emphasising the need for a balanced and context-specific approach to tax incentives. This chapter serves as a valuable resource for policymakers, legal scholars, and practitioners seeking to navigate the complexities of tax incentives and to contribute to the development of sustainable and inclusive economies while complying with international legal obligations.

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Optimising Policy Synergies: The Role of Tax Incentives in International Trade and Investment

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  • 发表日期：

    2025年

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  • Julien Chaisse

摘要

This chapter comprehensively analyses tax incentives and their impacts on trade and investment, focusing on the need to balance policy objectives in different jurisdictions. This chapter explores the intricate relationship between tax incentives and foreign direct investment (FDI) within the international legal framework governed by Bilateral Investment Treaties (BITs), World Trade Organisation’s Agreement on Subsidies and Countervailing Measures (ASCM), and Trade-Related Investment Measures (TRIMs). It examines the concept of performance requirements and their role in tax-incentive policies, emphasising the lessons learned and implications for modern BITs. Furthermore, this chapter discusses the development of appropriate institutions for tax incentives, highlighting the importance of identifying incentives and requirements tailored to local economies. It delves into the interplay among BITs, TRIMs, and ASCM, providing insights into designing tax incentive regimes that strike a balance between promoting investments, safeguarding trade interests, and ensuring equitable outcomes. The chapter also addresses the future of tax incentives and performance requirements, advocating the adoption of naturally attractive incentives, promoting stability and predictability in tax incentive regimes, and fostering transparency and accountability to build trust and credibility. By employing a qualitative approach and comparative analysis, this chapter offers a nuanced understanding of the complex interplay among international legal frameworks, national policy objectives, and strategic choices in economic development paths. It concludes by presenting major legal lessons derived from the analysis and emphasising the need for a balanced and context-specific approach to tax incentives. This chapter serves as a valuable resource for policymakers, legal scholars, and practitioners seeking to navigate the complexities of tax incentives and to contribute to the development of sustainable and inclusive economies while complying with international legal obligations.