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5 - The Nature of Remedies in International Economic Law

from Part II - Functional International Responsibility

Published online by Cambridge University Press:  09 December 2021

Emilija Leinarte
Affiliation:
University of Cambridge
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Summary

Chapter 5 explores the nature of international economic obligations. It suggests that remedies in international economic regimes have a restorative rather than punitive purpose. It is argued that attribution of breach may not be relevant, or that relevant, in the international economic law context. This study posits that what international courts and tribunals ask is not who is responsible for a breach but rather who is best placed to bear responsibility. In international economic law, shared responsibility typically raises the question of the proper respondent(s).

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Functional Responsibility of International Organisations
The European Union and International Economic Law
, pp. 95 - 120
Publisher: Cambridge University Press
Print publication year: 2021

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