Document Type

Article

Disciplines

International Law

Abstract

Countries have come to accept the wide application of international tax rules in both their domestic and international tax affairs. However, where international tax rules fall short of the legitimate expectations of states and fail to provide necessary guidance, impacted states may be compelled to seek other sources of guidance. In this paper, we argue that in the absence and failure of international tax rules to provide adequate guidance and encourage a fair tax system, states should not be prevented from exercising their fiscal sovereignty and submit themselves to new rules and a new sovereign. These observations come in the wake of recent initiatives by the OECD and the G7 which aim to reform global taxation by preventing base erosion and profit shifting in a manner that allows developed states to collect more taxes to the detriment of developing states.

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