Squaring the Circle : The Role of the OECD Commentaries
Author | : Dachi Kinkladze |
Publisher | : LAP Lambert Academic Publishing |
Total Pages | : 52 |
Release | : 2015-08-27 |
ISBN-10 | : 365977247X |
ISBN-13 | : 9783659772474 |
Rating | : 4/5 (7X Downloads) |
Download or read book Squaring the Circle : The Role of the OECD Commentaries written by Dachi Kinkladze and published by LAP Lambert Academic Publishing. This book was released on 2015-08-27 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are lots of debates concerning the exact role of OECD Commentaries in tax treaty interpretation process. The current work tries to asses the role of the commentaries for interpretation of DTAs concluded between Non-OECD and OECD states. In order to reach the above goal the legal status of the OECD Commentaries under public international law in particular the interrelation of the Commentaries with the Articles of 31 and 32 of the Vienna Convention is discussed. The great importance is attached to the case law analysis of the Non-OECD states to find out how the courts consider the Commentaries and to what extent they are bound with it. The work also triggers the problem of ambulatory and static interpretation of the Commentaries as well as the problem of using "foreign law" in different legal traditions.