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Record W1502436545

Domesticating the Exotic Species: International Biodiversity Law in Canada

2006· article· en· W1502436545 on OpenAlexaffabout
Natasha Affolder

Bibliographic record

VenueeYLS (Yale Law School) · 2006
Typearticle
Languageen
FieldSocial Sciences
TopicEnvironmental law and policy
Canadian institutionsUniversity of British Columbia
Fundersnot available
KeywordsPolitical scienceEnvironmental lawStatutory lawInternational lawBiodiversityLawLegislationEnforcementEndangered speciesStatutory interpretationMunicipal lawJurisprudenceSociologyEcology
DOInot available

Abstract

fetched live from OpenAlex

While a significant body of international and regional agreements now addresses habitat preservation, wildlife protection, and biological diversity, these advances on the international level often fail to be effectively translated into domestic law. In this article, the author argues that international biodiversity law is being treated in Canada as "exotic". It is peppered into parties' submissions without a principled explanation of its role in Canadian law, receives little consideration from the courts, and must ultimately rely on non-legal means of enforcement. The author examines the jurisprudence dealing with four major biodiversity treaties. She notes that the judicial treatment of these conventions ranges from silence, to declarations of inapplicability, to limited usage in statutory interpretation. This impoverished view of international biodiversity law in Canadian courtrooms is contrasted with the richer understanding of the relevance of this body of law demonstrated by its usage in environmental advocacy campaigns. The author focuses on two case studies: the 1992-2002 campaign for federal endangered species legislation, and the ongoing Cheviot mine campaign. In these campaigns, compliance with international biodiversity law is pursued through various shaming strategies. The author concludes that both the judiciary and environmental advocacy groups have a role to play in identifying where Canada fails to give domestic effect to the obligations it assumes under ratified biodiversity treaties, and in addressing this failure.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.859
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.017
GPT teacher head0.236
Teacher spread0.219 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2006
Admission routes2
Has abstractyes

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