Legal Mechanisms for Counteracting Tax Evasion at The International Level
Abstract
The article presents a broad-based analysis of legal mechanisms for counteracting tax evasion at the international level. The study is based on an interdisciplinary approach that incorporates elements of international tax law, public law, economics, and institutional theory. It examines legal mechanisms for resolving tax disputes, ranging from arbitration under bilateral agreements and OECD multilateral instruments to the procedures of the World Trade Organization, highlighting their advantages and limitations. A separate section is devoted to the challenges of the digital economy: the limitation of tax sovereignty in developing countries due to trade agreements, the conflict between the EU and the US regarding data taxation, and the concept of digital constitutionalism as a prospective normative framework. Particular attention is paid to the role of micro-actors—tax consultants and professional intermediaries—who shape the functioning of transnational schemes and require inclusion in the system of international regulation. The dual effect of reforms is emphasized: on the one hand, strengthening institutional mechanisms to combat tax evasion, and on the other, generating new market risks and institutional collisions. The article substantiates the need to shift toward an actor-centered approach, in which the regulation of intermediaries and the development of normative principles for the digital era become prerequisites for the sustainability of the global tax regime. The material will be of interest to researchers in international law, economics, and finance, as well as to specialists engaged in the development and implementation of global tax regulation mechanisms.
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References
- Arlen, G., & Burelli, C. (2022). Getting real about taxes: Offshore tax sheltering and realism’s ethic of responsibility. Ethics & International Affairs, 36(2), 231–258. https://doi.org/10.1017/S0892679422000156
- Banga, K., Beyleveld, A., & Munu, M. L. (2025). Trading away tax sovereignty? How trade rules shape taxation of the digital economy in Africa. Journal of International Economic Law, 28(1), 43–62. https://doi.org/10.1093/jiel/jgaf004
- Chaisse, J., & Mosquera, I. (2022). Public international law, international taxation and tax dispute resolution. Asia Pacific Law Review, 31(1), 192–203. https://doi.org/10.1080/10192557.2022.2102585
- Cui, W. (2024). Strategic incentives for adopting the global minimum tax. Journal of Legal Analysis, 16(1), 211–234. https://doi.org/10.1093/jla/laae008
- Dagan, T., & Pirlot, A. (2024). Global tax governance: Taking stock of the past and looking forward. Journal of International Economic Law, 27(4), 591–595. https://doi.org/10.1093/jiel/jgae042
- Diniz Magalhães, T., & Christians, A. (2024). Taxing data when the United States disagrees. European Law Open, 3(4), 939–961. https://doi.org/10.1017/elo.2024.49
- Golia, A. J. (2024). Taxing data as an instrument of economic digital constitutionalism: Elements for a normative agenda. European Law Open, 3(4), 865–889. https://doi.org/10.1017/elo.2024.37
- Gómez-Cram, R., & Olbert, M. (2023). Measuring the expected effects of the global tax reform. The Review of Financial Studies, 36(12), 4965–5011. https://doi.org/10.1093/rfs/hhad038
- Rubini, L. (2022). Between sovereignty and complexity: The settlement of tax disputes by the World Trade Organization. Asia Pacific Law Review, 31(1), 204–218. https://doi.org/10.1080/10192557.2022.2102587
- Stausholm, S., & Garcia-Bernardo, J. (2024). Unfollow the money: Mapping the micro agents of international tax. Review of International Political Economy, 31(4), 1197–1219. https://doi.org/10.1080/09692290.2023.2297360