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  • 5 - The Nature of Remedies in International Economic Law

  • from Part II - Functional International Responsibility
  • Emilija Leinarte, University of Cambridge
  • Book:
    Functional Responsibility of International Organisations
    Published online:
    09 December 2021
    Print publication:
    16 December 2021, pp 95-120

  • 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).