Functional Responsibility of International Organisations 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
6 - Identification of the Proper Respondents
from Part II - Functional International Responsibility
Published online by Cambridge University Press: 09 December 2021
- 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 6 examines how tribunals determine the proper respondent in the trade and investment regimes. It focuses on WTO law and the ECT regime because their mixed form provides a relevant context in which to explore responsibility of the EU and its Member States for joint obligations. In light of an extensive case-law analysis, this study extrapolates patterns in the tribunals’ reasoning. It is argued that WTO dispute-settlement employs what this study refers to as a “the positive solution test” to identify the proper respondent. Arbitral tribunals operating under the ECT, on the other hand, allocate responsibility to the subject which is the proximate cause of harm.
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- Functional Responsibility of International OrganisationsThe European Union and International Economic Law, pp. 121 - 159Publisher: Cambridge University PressPrint publication year: 2021