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Reconstituting empire in the decolonisation era: taxation sovereignty and the development of the British virgin islands as a dependent tax haven

Tax havens are denounced for eroding the sovereignty of states to tax in their jurisdictions. Using a critical interrogative lens of Empire and Imperialism, the aim of this investigation was to understand what the developmental history of the British Virgin Islands reveals about the function of tax...

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Main Author: Rakei, Simon
Other Authors: Benya, Asanda
Format: Thesis
Language:English
Published: Department of Sociology 2023
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access_status_str Open Access
author Rakei, Simon
author2 Benya, Asanda
author_browse Benya, Asanda
Rakei, Simon
author_facet Benya, Asanda
Rakei, Simon
author_sort Rakei, Simon
collection Thesis
description Tax havens are denounced for eroding the sovereignty of states to tax in their jurisdictions. Using a critical interrogative lens of Empire and Imperialism, the aim of this investigation was to understand what the developmental history of the British Virgin Islands reveals about the function of tax havens in global political economy through traditions of state and taxation sovereignty. Drawing chiefly on a combination of tax, sociology and law scholarship anchored in international political economy, along with reviewing the minutes of the British Virgin Islands Legislative Council from 1950-1992, the study adopted a sociolegal perspective in exploring the relationship between tax havens, tax sovereignty and the aspirations of an equitable global tax regime. Beyond sovereign entitlement in allocating jurisdictional rights of states to tax income or capital, or a more expanded conception of tax equity through revenue sharing, the intervention of this thesis established the need to highlight the underpinnings of the international tax system by understanding the structures which maintain tax haven dependency and their development in the first instance. The basic thesis of this study is that dependency continues to the present as a function of unequal integration helping to order and maintain a hierarchical global political economy. This thesis was built on an account of post-colonial dependency through a structural lens of a reconstituting empire and neo-colonial imperialism in the development of the British Virgin Islands in two key phases. First, the political developments of the 1950 independence decade in the legislative council's relationship with sovereignty in a federated imperial structure, which then conditioned the socioeconomic development from 1960 up to 1984. Highlighting the economic apparatus of the colonial state which structurally depended on international investment through political links maintained to Britain, the second phase is demonstrated as neo-colonial imperialism and external reliance evinced through the function of the Executive Council. The thesis traced a consistent line of legislative amendments from the dawn of legislative independence providing tax incentives packages and exemptions aimed at attracting foreign capital through extensive tax holidays. This phase of neo-colonial imperialism reached its apogee in the International Business Companies Act of 1984. The parallels in the financial architecture imposed by the Foreign Commonwealth Office at the twilight of the 20th Century has striking similarities to the more recent initiatives targeted at tax havens, illustrating how the interests of metropolitan powers are maintained. Therefore, I argue and demonstrate that, the development of the British Virgin Islands as a tax haven and its integration in international political economy reveals a tradition of sovereignty in the post-colonial context which shapes neo-colonial imperialism wherein effective sovereignty remains located in the global north.
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language eng
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2023
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spelling oai:open.uct.ac.za:11427/37764 Reconstituting empire in the decolonisation era: taxation sovereignty and the development of the British virgin islands as a dependent tax haven Rakei, Simon Benya, Asanda Theories of Justice and Inequality Tax havens are denounced for eroding the sovereignty of states to tax in their jurisdictions. Using a critical interrogative lens of Empire and Imperialism, the aim of this investigation was to understand what the developmental history of the British Virgin Islands reveals about the function of tax havens in global political economy through traditions of state and taxation sovereignty. Drawing chiefly on a combination of tax, sociology and law scholarship anchored in international political economy, along with reviewing the minutes of the British Virgin Islands Legislative Council from 1950-1992, the study adopted a sociolegal perspective in exploring the relationship between tax havens, tax sovereignty and the aspirations of an equitable global tax regime. Beyond sovereign entitlement in allocating jurisdictional rights of states to tax income or capital, or a more expanded conception of tax equity through revenue sharing, the intervention of this thesis established the need to highlight the underpinnings of the international tax system by understanding the structures which maintain tax haven dependency and their development in the first instance. The basic thesis of this study is that dependency continues to the present as a function of unequal integration helping to order and maintain a hierarchical global political economy. This thesis was built on an account of post-colonial dependency through a structural lens of a reconstituting empire and neo-colonial imperialism in the development of the British Virgin Islands in two key phases. First, the political developments of the 1950 independence decade in the legislative council's relationship with sovereignty in a federated imperial structure, which then conditioned the socioeconomic development from 1960 up to 1984. Highlighting the economic apparatus of the colonial state which structurally depended on international investment through political links maintained to Britain, the second phase is demonstrated as neo-colonial imperialism and external reliance evinced through the function of the Executive Council. The thesis traced a consistent line of legislative amendments from the dawn of legislative independence providing tax incentives packages and exemptions aimed at attracting foreign capital through extensive tax holidays. This phase of neo-colonial imperialism reached its apogee in the International Business Companies Act of 1984. The parallels in the financial architecture imposed by the Foreign Commonwealth Office at the twilight of the 20th Century has striking similarities to the more recent initiatives targeted at tax havens, illustrating how the interests of metropolitan powers are maintained. Therefore, I argue and demonstrate that, the development of the British Virgin Islands as a tax haven and its integration in international political economy reveals a tradition of sovereignty in the post-colonial context which shapes neo-colonial imperialism wherein effective sovereignty remains located in the global north. 2023-04-18T12:29:41Z 2023-04-18T12:29:41Z 2022 2023-04-18T09:53:13Z Master Thesis Masters MPhil http://hdl.handle.net/11427/37764 eng application/pdf Department of Sociology Faculty of Humanities
spellingShingle Theories of Justice and Inequality
Rakei, Simon
Reconstituting empire in the decolonisation era: taxation sovereignty and the development of the British virgin islands as a dependent tax haven
thesis_degree_str Master's
title Reconstituting empire in the decolonisation era: taxation sovereignty and the development of the British virgin islands as a dependent tax haven
title_full Reconstituting empire in the decolonisation era: taxation sovereignty and the development of the British virgin islands as a dependent tax haven
title_fullStr Reconstituting empire in the decolonisation era: taxation sovereignty and the development of the British virgin islands as a dependent tax haven
title_full_unstemmed Reconstituting empire in the decolonisation era: taxation sovereignty and the development of the British virgin islands as a dependent tax haven
title_short Reconstituting empire in the decolonisation era: taxation sovereignty and the development of the British virgin islands as a dependent tax haven
title_sort reconstituting empire in the decolonisation era taxation sovereignty and the development of the british virgin islands as a dependent tax haven
topic Theories of Justice and Inequality
url http://hdl.handle.net/11427/37764
work_keys_str_mv AT rakeisimon reconstitutingempireinthedecolonisationerataxationsovereigntyandthedevelopmentofthebritishvirginislandsasadependenttaxhaven