Structure of the book

The book will have four distinctive parts:

Part I will be devoted to a global assessment of the evolution of tax treaty interpretation in recent years. Building on the various chapters of the book the editors will provide guidance on the fundamentals principles which should govern interpretation of tax treaties and in the light of VCLT. 

Part II will deal with fundamental issues of tax treaty interpretation in light of the VCLT. Well-known IFA members and recognized as treaty experts will revisit how the primary (art. 31) and supplementary (art.32) means of interpretation of the VCLT are applied by courts and tax administrations when interpreting tax treaties. Important questions such as static versus evolutionary interpretation, the role of the principle of good faith, the use of foreign court decisions and subsequent practices in tax treaty interpretation will in particular be discussed. Finally, attention will be paid to the role of the so-called principle of systemic integration (art. 31(3)(c)VCLT) which seeks to place the interpretative exercise in the broader international legal environment.

Part III will be devoted to the specific interpretative tools of tax treaty law and their relations with the VCLT. Topical subjects will include the reference to domestic law under art. 3(2) OECD MC or interpretative MAPs under art. 25(3) OECD MC.

Part IV will finally focus on the role and of soft law in tax treaty interpretation and its status under the VCLT. The discussion will not be limited to the OECD and UN Commentaries but, following the emergence of global standards, will also consider the relevance of the OECD/G20 Inclusive Framework on BEPS materials. Finally, a specific chapter will be devoted to the status and role of the OECD Transfer Pricing Guidelines in tax treaty interpretation.