Functional Responsibility of International Organisations The European Union and International Economic Law
Book contents
- Functional Responsibility of InternationalOrganizations
- Functional Responsibility of International Organizations
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgements
- Table of Cases
- Abbreviations and Acronyms
- 1 Introduction
- Part I The Legal Foundations of the International Responsibility of the European Union
- Part II Functional International Responsibility
- 5 The Nature of Remedies in International Economic Law
- 6 Identification of the Proper Respondents
- 7 The Optimal Respondent
- 8 Multiple Respondents in WTO Dispute Settlement
- 9 Normative Implications for the EU’s Free Trade Agreements
- 10 Conclusions
- Bibliography
- Index
5 - The Nature of Remedies in International Economic Law
from Part II - Functional International Responsibility
Published online by Cambridge University Press: 09 December 2021
Book contents
- Functional Responsibility of InternationalOrganizations
- Functional Responsibility of International Organizations
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgements
- Table of Cases
- Abbreviations and Acronyms
- 1 Introduction
- Part I The Legal Foundations of the International Responsibility of the European Union
- Part II Functional International Responsibility
- 5 The Nature of Remedies in International Economic Law
- 6 Identification of the Proper Respondents
- 7 The Optimal Respondent
- 8 Multiple Respondents in WTO Dispute Settlement
- 9 Normative Implications for the EU’s Free Trade Agreements
- 10 Conclusions
- Bibliography
- Index
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 OrganisationsThe European Union and International Economic Law, pp. 95 - 120Publisher: Cambridge University PressPrint publication year: 2021