In this book, the author addresses the legal and political aspects of a multilateral tax treaty that fundamentally transforms the way states cooperate in the field of international taxation.... Show moreIn this book, the author addresses the legal and political aspects of a multilateral tax treaty that fundamentally transforms the way states cooperate in the field of international taxation. Working from a normative and pragmatic view on international tax relations, he proposes a management-focused approach to multilateral cooperation in international taxation. The resulting managerial framework treaty is drawn up on the basis of insights from political science and legal philosophy and is illustrated by means of international public law. Finally, the author evaluates the recently-adopted text of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (the BEPS Convention) in the light of his proposed framework. Show less
The purpose of the thesis is to (i) single out and clarify the most common types of issues emerging in the interpretation of multilingual tax treaties (i.e. tax treaties authenticated in two or... Show moreThe purpose of the thesis is to (i) single out and clarify the most common types of issues emerging in the interpretation of multilingual tax treaties (i.e. tax treaties authenticated in two or more languages), and (ii) suggest how the interpreter should tackle and disentangle such issues under public international law, with a particular emphasis on the kinds of arguments he should use and the kinds of elements and items of evidence he should rely upon in order to support his construction of the treaty. In order to address such issues, the author has developed a normative (prescriptive) legal analysis based on modern linguistic and, more specifically, semantic theories. However, since the purpose of the study is to suggest how the interpreter should now tackle and disentangle those issues, the author has also carried out a positive (prescriptive) analysis, which highlights the generally accepted principles and rules of treaty interpretation, in order (i) to carve out from his (non-ideal) normative legal theory the results potentially conflicting with such generally accepted principles and rules and (ii) to show how his normative legal theory might be applied to solve interpretative issues in cases where no common solution has been reached yet. Show less
