Tax Havens and Exchange of Information: Is Uncooperative Behaviour a Violation of International Law?

Abstract

The present paper intends to scrutinise whether the uncooperative attitude of some jurisdictions and their refusal to exchange information for tax purposes can be considered as a violation of international law, in terms of internationally wrongful acts. To that purpose an analysis of the main provisions contained in the Project of Articles on the Responsibility of States for internationally wrongful act will be first provided. Subsequently, the exam will be focused on the sources of international law, in order to define the sources of international obligations, the breach of which might give rise to international State responsibility. Finally, the analysis will be addressed in respect of exchange of information for tax purposes and will conclude that there is no international obligation imposing a cooperative attitude upon States, giving rise to international State responsibility.

Keywords: OECD, Global Forum, transparency, exchange of information, uncooperative attitude, responsibility of states, internationally wrongful act

JEL Classification: H2, H7, K34