International Tax Treaties Override Cover Image

Непоштовање међународних билатералних пореских уговора од стране држава
International Tax Treaties Override

Author(s): Snežana Stojanović
Subject(s): International Law, Public Law, Law on Economics
Published by: Матица српска
Keywords: international law; national laws; monism; dualism; tax treaties; treaties override

Summary/Abstract: International order is based on the consent of states and the principle pacta sunt servanda, thus making the treaty override a serious problem. When one party unilaterally overrules treaty provision(s), other party may undertake measures prescribed in the Vienna Convention on the Law of Treaties: termination or suspension. It is also possible to apply mutual agreement procedure. Usually, states avoid entering into re-negotiation of the treaties because it is time-consuming. The author differentiates between treaty override in monist and dualist states, and within the European Union, then makes conclusion about the absence of pure solutions and proposes global action for solving treaty overriding problem, which could have further impact on economic activity and wealth on national and global level.

  • Issue Year: 2017
  • Issue No: 162
  • Page Range: 347-363
  • Page Count: 17
  • Language: Serbian