Open AccessInternational tax treaties override
Author(s) -
Radomir Stojanović
Publication year - 2017
Publication title -
zbornik matice srpske za društvene nauke/zbornik matice srpske za društvene nauke
Language(s) - English
Resource type - Journals
eISSN - 2406-0836
pISSN - 0352-5732
DOI - 10.2298/zmsdn1762347s
Subject(s) - treaty , convention , negotiation , political science , law , international law , preliminary ruling , order (exchange) , law and economics , vienna convention on the law of treaties , economics , public international law , economic justice , finance
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.