MULTILATERALISM VERSUS EXCEPTIONALISM IN INTERNATIONAL TAX: WOULD THE MULTILATERAL INSTRUMENT BE A RECONCILIATION?

Abstract

This paper analyzes critically the emergence of a multilateral tax regime, particularly due to the recent efforts produced by the OECD. It appraises the meaning and potential impact of the initiatives adopted within this international organization to promote a multilateral approach to taxation in international law. It further contends that there is hardly anything exceptional about taxation that might warrant special treatment to this particular area of law, although such an ‘exceptionalism’ has marked the history and determined the development of international tax, which followed a unique pattern, different areas of international law. As there is nothing intrinsically special about tax, it must be analyzed using international trade practices, international investments and human rights, and therefore, the case relating to the international tax reform that is being discussed in the international fora at this moment, should be analyzed using international law existing mechanisms. In this sense, the methodology reflects the development of such experiences and practices, using an inductive method, with bibliographic and documentary re-search techniques to reach a conclusion that the specialty of international taxation requires specific solutions, but it is still a system of correlation and dialogue with international law.