International Treaty Law vs Indian International Taxation Law and General Anti-Avoidance Rules in India (GAAR)-A Study

Abstract

In the modern era, the first and foremost source of international law is International treaties. The International court will decide the dispute by referring to the international treaties. The International treaties are agreements of a contractual character between States or organizations of States creating legal rights and treaties (Oppenheim). Professor Schwarzenegger opines ‘Treaties are agreements between subjects of International law creating a binding obligation in International law.’ The term treaty has been defined in Vienna Convention on the Law of Treaties, 1969. Article 2(1)(a) of the Convention defines treaty as ‘as International agreements concluded between States in written form and governed by International law.’ In 1982 the International Commission has adopted draft articles on a Convention on the Law of Treaties between States and International Organisations. The General Assembly requested the Secretary General to submit a draft report on nature and obligation under treaties. Later the General Assembly decided that an International Convention should be concluded based on draft articles adopted by the International commission.