Tarcisio Diniz Magalhaes (Antwerp), International Tax Law Between Loyalty, Exit, and Voice, 44 Dalhousie L.J. 49 (2021):
Discourse on the deserves and pitfalls of multilateral cooperation for advancing justice in worldwide tax regulation have not too long ago re-emerged in the literature. Some tax students, even whereas criticizing international tasks like the OECD/G20 initiatives on base erosion, revenue shifting and the tax challenges arising from the digitalisation of the economic system, insist that cooperative efforts herald a step in the proper path. Others contest the feasibility of worldwide cooperation or its worth for growing nations.
Drawing on Albert Hirschman’s oft-cited framework for actor behaviour beneath institutional malperformance, this text exhibits that there are three alternate options for these discontented with the establishment: to stay loyal regardless of disagreeing (cooperation); exit and maybe kind a competing regime (competitors); or attempt to change the current guidelines by talking up (un-cooperation). The article concludes that the interplay of those choices (contested cooperation) is an integral a part of in the present day’s transnational tax regulation order.