Extraterritorial Jurisdiction, or How Tax Evasion Cops Kill International Reconciliation and Cooperation
Okay, that's a bit overblown, but in the event anyone (other than me) is interested in this stuff:
I was talking to a friend from the UK the other day, a reasonably liberal post-doc at university of pennsylvania, and he said the general consensus is that the US is a little too bullyish when it comes to applying its laws everywhere in the world. It's not that they're not good laws, and it's not that it's bad to put crooks in jail, but come on, there *are* other governments out there with just as much right to govern.
Right now, the IRS and UBS are fighting over the names of alleged U.S. tax evaders. UBS doesn't want to cough up the names because (they say) doing so would violate swiss privacy laws. Violating those laws, as I understand it, comes with swiss criminal penalties. The DoJ says, in response: screw you and your dumb secrecy laws; our tax evasion laws are more important. So UBS has got to decide: break the US laws, and risk losing US business (poor dears, I know) or violating swiss laws and losing european business. I'm not trying to paint too sympathetic a picture here; it's just an example that's in the news.
It's positions like these that make people not want to talk to us when it comes to, oh, I dunno, climate change treaties.
I'm not saying our tax laws are less important than Switzerland's secrecy laws--although honestly, when you boil it down, it all comes down to which country's treasury needs/deservers more money -- but we should come to the table appearing a little less opinionated. We might be mistaken for les francais otherwise.
By the by, this post shouldn't be confused with the kinds of arguments used to support a downward convergence in regulation of the banking industry. Just because having a global regulator might ease some of the pains that comes with conflicting jurisdictions doesn't mean we should have NO regulator.











