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The ongoing global tax governance is bringing international tax law to unprecedented levels of coordination, backed up by technical consultations with stakeholders. This book in honour of Guglielmo Maisto is the outcome of a theoretical and practical research project involving all its contributors, which rank among the most authoritative experts of international tax law. The goal of this book is to supplement the process of international tax coordination with a comprehensive independent conceptual review of the current issues and future challenges of international tax law. This book is structured into five parts, which address the most fundamental areas of international tax law. Part One focuses on Model Tax Conventions and addresses issues of tax treaty interpretation (Section 1), allocation rules (Section 2) and other clauses (Section 3). Part Two puts the emphasis on the more specific issues involving bilateral tax treaties and domestic tax law, including the relations with them. Part Three brings in the picture the interaction with supranational law of the European Union and allows the readers to see how the latter affects international tax law and tax treaties, providing a conceptual analysis that can also be of interest for global readers. Part Four analyses the relations with non-tax treaties, including in particular bilateral investment treaties. The latter treaties are being increasingly used by taxpayers, as non-State actors of international law, to overcome the shortcomings connected with the absence of effective legal remedies under tax treaties. Finally, Part Five presents topical studies on key issues of international tax law, which relate to the past, present and future (including reform) perspectives of international tax law.

This book sheds light on the complexity of the environment in which the BEPS Project operates. It contrasts the commands of the modified nexus approach (BEPS Action 5) with those of EU law, WTO law and international investment agreements. Though it is clear that, as soft law, the Actions of the BEPS Project should remain within the limits established by hard law, the book identifies several instances in which this line has been crossed by the modified nexus approach. This conflict between hard and soft law frameworks is treated as analogous to the notion of fragmentation of international law and, against this backdrop, the book proposes that the notion of institutional dialogue could help build a pathway for a more productive relationship between these frameworks.

The principle of non-discrimination is an evergreen of international tax law. While the principle's core concept remains stable, its importance in tax matters keeps growing. As its implications, regional dimensions and topical applications very frequently change around the world, constant monitoring and updating is essential to seize its current essence. Non-Discrimination in Tax Treaties: Selected Issues from a Global Perspective aims to find a global dimension of the non-discrimination principle in tax law through the analysis of issues with theoretical and practical importance. The editors have selected the following issues, which nine leading European and international tax law experts address in the framework of related topical studies: - Nationality non-discrimination and article 24 of the OECD Model Tax Convention - Non-discrimination on the basis of nationality in international investment agreements from a Latin American tax perspective - Interest deduction limitations and when to apply articles 9 and 24(4) of the OECD Model Tax Convention - Revisiting the application of the capital ownership non-discrimination provision in tax treaties - Non-discrimination in tax treaties and article 24(4) and (5) of the OECD Model Tax Convention: a Russian approach to tax treaty interpretation in connection with domestic thin capitalization rules - Non-discrimination under WTO law and article 24 of the OECD Model: how policy considerations influence comparability and whether less favourable treatment of tax havens and hybrid mismatch arrangements constitutes unjustified discrimination - Can the European Union learn from the OECD Model Tax Convention and vice versa? - Non-discrimination à la Cour: the ECJ's (lack of) comparability analysis in direct tax cases - Discriminatory taxation and the European Convention on Human Rights With its in-depth analysis of these topical issues, this book provides essential information for practitioners, scholars and others with an interest in international tax matters.

The legitimacy of international tax law has been taken for granted for a long time. The approval of double tax treaties in national parliaments would guarantee the democratic foundation of this field of law. However, changes in society have significantly affected international tax law. Allocation rules to avoid juridical double taxation are complemented with increasingly substantive norms that have a significant impact on national taxing systems. Is the democratic legitimacy of modern international tax law as self-evident as assumed? Current international discussions, e.g. on base erosion and profit shifting (BEPS), clearly illustrate that this is a topic that requires attention. This study will demonstrate that there is a strong need to reconsider the structures for democratic international tax governance in the 21st century. The purpose of this study is to not only assess the legitimacy of contemporary international tax law, but to also find ways to improve it. The book focuses on two constitutive elements of this legitimacy: the democratic underpinnings of the legal framework of international tax law and the contribution of social-scientific knowledge to the legitimacy of international tax law. Furthermore, it puts forward some recommendations to safeguard the legitimacy of international tax law for the long term. The first part of the book comprises a study of the sociology of international tax law in the period following the Second World War, including an analysis of the role of international tax neutrality for the development of this field of law. Specific attention is paid to recent developments relating to the exchange of information and the taxation of multinational corporations. The second part constructs a theoretical framework to assess and improve the legitimacy of international tax law, which is mostly based on a thorough analysis of the work of Jürgen Habermas. His views on law and democracy – including the role of civil society and the media – provide a useful perspective to value the legitimacy of international tax law. The third part contains recommendations for the future.

The principle of non-discrimination plays a vital role in international and European tax law. This dissertation analyses the interpretation given to that principle in tax treaty practice and in the direct tax case law of the Court of Justice of the European Union (ECJ) on the fundamental freedoms. The objective of this analysis is twofold: to give a clear and thorough overview of both standards and to determine whether they share a common, underlying principle of non-discrimination. In order to achieve these objectives, a comprehensive selection of case law is discussed from the perspective of the two constitutive elements of discrimination, comparability and the existence of different treatment. Moreover, attention is drawn to the question whether a domestic measure that is found to be discriminatory may nevertheless be justified on the basis of reasons of public interest. Finally, the possible interplay between both standards is addressed. First, the partial overlap of the two non-discrimination rules may cause frictions. Complex triangular situations are possible, with conflicting rules giving rise to interpretation problems. A second issue discussed in this context is whether national courts of EU Member States are influenced by ECJ case law on the fundamental freedoms when interpreting the non-discrimination provision in tax treaties. Given the deficiencies of that provision, courts may be tempted to draw inspiration from the European standard. The relevant case law is discussed in order to determine whether there is indeed such an influence, and whether such an influence is appropriate.