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Record W1647206723 · doi:10.1093/ejil/chw013

The Appeal to Science and the Formation of Global Animal Law

2016· article· en· W1647206723 on OpenAlexaff
Katie Sykes

Bibliographic record

VenueEuropean Journal of International Law · 2016
Typearticle
Languageen
FieldEnvironmental Science
TopicInternational Maritime Law Issues
Canadian institutionsThompson Rivers UniversityDalhousie University
Fundersnot available
KeywordsWhalingAppealLawPolitical scienceInternational lawInternational courtCredibilityPublic international lawGeography

Abstract

fetched live from OpenAlex

<it>This article critically examines the use of science in the formation of global animal law. It focuses on two international legal decisions that made a significant contribution to the development of global animal law in 2014: the report of the Appellate Body of the World Trade Organization (WTO) in</it> EC – Seal Products<it>, and the judgment of the International Court of Justice (ICJ) in</it> Whaling in the Antarctic<it>. The authority of science, and the interaction between scientific and juridical methods, lie at the heart of both of these decisions. In</it> Whaling in the Antarctic<it>, the ICJ ruled that Japan’s whaling programme in the Southern Ocean is not ‘for purposes of scientific research’ within the meaning of the International Convention on the Regulation of Whaling. In</it> EC – Seal Products<it>, the WTO Appellate Body ruled that the European Union’s ban on seal products was justifiable under Article XX(a) of the General Agreement on Tariffs and Trade as a matter of public morals because it was based on European citizens’ moral objections to cruelty in seal hunting. Both cases, as well as the controversies over whaling and sealing that led up to them, illustrate the persuasive power of the ‘appeal to science’, enlisting scientific objectivity and rigour to underpin the credibility of legal arguments. At the same time, both judgments vindicate the final authority of jurists to determine questions of justice and confirm that such questions cannot be simply outsourced to science. The article analyses the way science is used in the reasoning of both tribunals and finds that both decisions appropriately distinguish between the roles of scientific and legal reasoning. It concludes by proposing, following the direction suggested by Judge Cancado Trindade’s separate opinion in</it> Whaling in the Antarctic<it>, that the basis of international obligations towards animals is to be found not so much in scientific evidence as in our shared humanity and ethical conscience.</it>

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)0.002
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.956
Threshold uncertainty score0.578

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.002
Scholarly communication0.0000.001
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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 head0.006
GPT teacher head0.227
Teacher spread0.221 · 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.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
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

Citations2
Published2016
Admission routes1
Has abstractyes

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