03 August 2026, New York
Ireland, on behalf of the member states of the European Union, proposed to have Articles 1 and 2 strengthened. Their key proposals were that: 1) there was a need to ensure consistency with existing international tax architecture; 2) the Convention should complement rather than replace existing agreements; 3) there was a need to improve legal certainty; and 4) there needs to be assurance that obligations under existing treaties are unaffected unless Parties agree otherwise. Japan supported this proposal, specifically the call for an explicit reference to existing international frameworks. The Republic of Korea, Luxembourg, Italy, Belgium, Czechia, Estonia, Austria, Germany, and France also supported this proposal, which called for improving the current legal system rather than an overhaul. Germany’s position was that Article 1, in its current state, was too broad. Mexico took a more nuanced position. It accepted that Article 1 reflects the ToR but argued that principles can legitimately overlap with substantive provisions, that complementarity should also appear as a guiding principle, and that Article 21 alone may not be sufficient to address the relationship with other instruments.
Indonesia proposed strengthening Article 2 by introducing an explicit principle of fair allocation of taxing rights, reflecting modern economic realities and addressing challenges posed by the digital economy. Azerbaijan expressed similar views. Indonesia, India, and Azerbaijan argued that Article 2 should expressly recognise different national capacities, policy space, flexibility for developing countries, and proportionate implementation.
Many delegations proposed making sovereignty an explicit principle. Countries included Colombia, Belgium, Sweden, the Republic of Korea, Indonesia, Czechia, Azerbaijan, and Iran. The common arguments were that tax sovereignty should be expressly protected, similar provisions exist in other UN conventions, and sovereignty should guide the interpretation of the Convention. Belgium specifically proposed a separate article on sovereignty.
Source: https://www.taxjusticeafrica.net/resources/news/updates-fifth-session-historic-intergovernmental-negotiating-committee-inc-united