from Part II - Functional International Responsibility
Published online by Cambridge University Press: 09 December 2021
This book concludes that in international economic law, shared responsibility is distributed among subjects of international law which are part of a common institutional structure based on which of them is best placed to remedy breach. This is so because the purpose of international economic adjudication is restorative rather than punitive. Allocation of responsibility does not follow attribution of conduct (or breach) but instead depends on the system of remedies available under a given treaty. Allocation of responsibility is thus a dynamic concept which is not tied to breach but rather depends on the nature of the treaty regime in question.
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