Dear mrs. Christians, Thank you for your interesting post on the matter. I envisage the multilateral BEPS instrument more or less as a mechanism to influence and inform further bilateral tax treaty negotiations on e.g. BEPS. The instrument would constitute a level playing field, and ideally, create a forum enabling int'l tax to transform towards being more procedurally fair (i.e. more inclusive and transparent) over time. International law with such 'framework' characteristics are e.g. the Draft Articles on a Law of Transboundary Aquifers, in Official Records of the General Assembly, Sixty-third Session, Supplement No. 10 (A/63/10) and the UN Convention on the Law of the Non-Navigational Uses of International Watercourses (21 May 1997), 36 ILM 700. These rules are meant to serve as binding guidance for further bilateral negotiations on shared groundwater resources and watercourses. E.g. the Law on Transboundary Aquifers would formulate some minimal legal standards, enabling states to further flesh out common value-maximising terms in bilateral negotiations. See for our thoughts on the matter: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2745229. Best regards, Dirk Broekhuijsen, Leiden University (the Netherlands).
Published Mar 17, 2016 by Dirk Broekhuijsen
thank you so much for this comment, i will read your paper with interest!
Published Mar 17, 2016 by Allison Christians