JILSA

Georgia Law Professor Assaf Harpaz presents article at the Junior International Law Scholars Association (JILSA)

University of Georgia School of Law Professor Assaf Harpaz recently presented his article, “The New Tax Sovereignty” at the Junior International Law Scholars Association (JILSA) summer workshop as part of the international economic law group.

Below is the article abstract:

Tax sovereignty is traditionally understood to encompass a government’s right to design and enforce its tax laws without infringement. It has been frequently invoked in the context of multilateral initiatives to combat tax competition and evasion, yet the concept remains vague and underdeveloped. In recent years, international taxation has been characterized by an increase in national revenue preservation, forum-shopping, and unilateralism. This shift is reflected in the Trump administration’s rejection of the Global Tax Deal and the imposition of global tariffs, the efforts of developing countries to concentrate tax policymaking to the United Nations, and the proliferation of unilateral digital services taxes targeting Big Tech. 

This Article proposes a doctrinal account of tax sovereignty for an international tax order in which cooperation and standardization are progressively eroded. The Article argues that tax sovereignty should operate as a doctrine with well-defined parameters and limiting principles, rather than an unrestricted claim of taxing power. It draws on tax and international law theory to distinguish between external sovereignty, which includes the state’s authority to freely participate in cooperative forums, and internal sovereignty, which refers to the right to independently draft tax legislation. In doing so, the Article provides a framework for evaluating competing claims of tax sovereignty and assessing the legitimacy of tax policies with cross-border implications.

Harpaz joined the University of Georgia School of Law as an assistant professor in summer 2024 and teaches classes in federal income tax and business taxation. Harpaz’s scholarly focus lies in international taxation, with an emphasis on the intersection of taxation and digitalization. He explores the tax challenges of the digital economy and the ways to adapt 20th-century tax laws to modern business practices.

Georgia Law Professor Assaf Harpaz presents on tax sovereignty at JILSA Annual Meeting

University of Georgia School of Law Professor Assaf Harpaz recently presented his draft article, “Tax Sovereignty,” at the Junior International Law Scholars Association (JILSA) Annual Meeting. The event was held at the William S. Richardson School of Law at the University of Hawai‘i at Mānoa on January 7.

Below is an abstract of the article:

Tax sovereignty is gaining significant attention in international tax policy. The concept traditionally refers to a government’s authority to design and enforce its own tax laws, without infringement. Policymakers are increasingly invoking the principle to broaden their country’s assertions of taxing rights (e.g., on offshore profits) and to withdraw from international agreements that they deem unfavorable. While tax sovereignty has been widely debated in legal scholarship, its parameters are not clearly established. These tensions have emerged in recent negotiations on issues like the global minimum tax and the legitimacy of tax havens, highlighting the need to better conceptualize the principle. This Article explores the origins of the tax sovereignty principle and its proliferation in the current international tax discourse. It develops a doctrinal account of tax sovereignty that illuminates the obligations and limitations embedded within the concept. The Article argues that tax sovereignty operates as a legally bounded doctrine rather than an unrestricted claim of fiscal autonomy, especially if a sovereign’s policies create negative externalities to others.

In addition to presenting his own work, Harpaz served as a commentator for the presentation “Is Rule of Law Decline Rewarded in Trade? Lessons from the European Union” by Janka Deli of Stanford Law School and was a panelist for a discussion titled “Preparing for a Career in Academia.”

Harpaz joined the University of Georgia School of Law as an assistant professor in summer 2024 and teaches classes in federal income tax and business taxation. Harpaz’s scholarly focus lies in international taxation, with an emphasis on the intersection of taxation and digitalization. He explores the tax challenges of the digital economy and the ways to adapt 20th-century tax laws to modern business practices.