The article argues that, despite the fanfare around it, the outcome of the BEPS project is unlikely to be dramatic, at least in the short term. Beyond a period of increased legal uncertainty and aggressive enforcement by some countries, it expects little substantive change in tax treaties. The challenges to the dominance of the OECD and the richest countries would likely be assuaged with marginal concessions, most or all of which not be affecting tax treaties. Yet, the article sees a silver lining in the non-substantive, structural, and instrumental outcomes of the BEPS project. It argues that even if unintended, these outcomes, including the multilateral instrument, the compact to intensify the use of arbitration, and the standardization of transfer pricing reporting will have the most meaningful impact on tax treaties, their content, and the future of the international tax regime.
Yariv Brauner, Treaties in the Aftermath of BEPS, 41 Brook. J. Int'l L. 973 (2016), available at http://scholarship.law.ufl.edu/facultypub/764