The Conference of the Parties: A future for a more profound multilateralism in tax matters?

Author:

Živković Lidija

Abstract

The present contribution is aimed at assessing the potential practical reach of the Conference of the Parties, a mechanism provided for under art. 31 of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting, which was signed on 7 June 2017 in Paris and to which currently 94 taxing jurisdictions are signatories. Since the scope of application of the Conference of the Parties is conditioned on the legal nature and modus operandi of the said Convention, the first part of the article will be dedicated to their analysis. Furthermore, the author will consider in detail the provisions of the Convention intended to establish the procedural framework for the operation of the Conference of the Parties. The analysis will then be focused on some of the essential questions which the Convention failed to regulate: the decision-making process applicable by the Conference of the Parties and the legal effect of its future decisions, by having recourse to the Vienna Convention on the Law of Treaties. Although it remains questionable if the Conference of the Parties could have a role as important as it does in other fields of public international law, considering the countries' traditionally vigilant approach to the limitations of their fiscal sovereignty, the author contends that this mechanism could potentially serve as a basis for a more thorough cooperation between taxing jurisdictions worldwide, especially now that the world is struggling with yet another economic crisis. What seems to be necessary in this respect is the shift of international tax policy design from a handful of richest countries to a more inclusive circle of jurisdictions, for which the Conference of the Parties could provide a framework.

Publisher

Centre for Evaluation in Education and Science (CEON/CEES)

Reference29 articles.

1. Bradley, Ian, Jonathan Bright: "State sovereignty and the multilateral instrument", Canadian Tax Journal, Vol. 64, No. 2, 2016.;

2. CFE Fiscal Committee: "Opinion Statement FC 15/2014 on Developing a Multilateral Instrument to Modify Bilateral Tax Treaties (BEPS Action 15)", European Taxation, April 2015.;

3. Christians, Allison: "Sovereignty, Taxation and Social Contract", Minnesota Journal of International Law, Vol. 18, 2009.;

4. Dörr, Oliver: "Article 31. General rule of interpretation", Vienna Convention on the Law of Treaties - A Commentary (eds. Oliver Dörr, Kirsten Schmalenbach), Springer, Berlin-Heidelberg 2012.;

5. European Parliament: Understanding BEPS: From tax avoidance to digital tax challenges, EPRS Briefing, October 2019.;

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3