Hostname: page-component-77c89778f8-fv566 Total loading time: 0 Render date: 2024-07-20T13:34:13.850Z Has data issue: false hasContentIssue false

Civil Claims of Foreign Sovereigns for Lost Taxes: The Big Tobacco Cases and the Revenue Rule

Published online by Cambridge University Press:  29 January 2007

Get access

Abstract

The article analyses some US federal court decisions which by relying on the so-called revenue rule rejected civil claims of foreign sovereigns against major tobacco companies based on tax losses suffered due to the smuggling of contraband tobacco products into the claimants' territories. The revenue rule deals with the domestic court's jurisdiction to enforce penal, revenue or other public law claims of foreign states. First, the article discusses the alleged rationale and the unclear scope of the globally accepted revenue rule. Then, it turns to the question whether the revenue rule was rightly applied by the courts to the civil claims of the foreign sovereigns. Finally, it questions the alleged rationale of the revenue rule and argues for its abandonment.

Type
Case Studies
Copyright
© T.M.C. Asser Press 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)