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Record W1879571060

Home State Responsibility and Local Communities: The Case of Global Mining

2008· article· en· W1879571060 on OpenAlex
Sara L. Seck

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.

Bibliographic record

Venuenot available
Typearticle
Languageen
FieldSocial Sciences
TopicEnvironmental law and policy
Canadian institutionsDalhousie University
Fundersnot available
KeywordsInternational lawJurisdictionPolitical scienceHuman rightsState responsibilityObligationInternational human rights lawCustomary international lawLawPublic international lawBusinessLaw and economicsSociology
DOInot available

Abstract

fetched live from OpenAlex

Home states that are actively engaged in global mining have considered and\nrejected calls to regulate the conduct of transnational mining corporations so\nas to prevent and remedy human rights and environmental harms. This\nreluctance to regulate is often expressed as a concern that extraterritorial\nregulation will conflict with the sovereignty of foreign states. This paper\nargues that the public international law of jurisdiction is permissive of home\nstate regulation that can be justified under the nationality or territoriality\nprinciples, provided that there is no true conflict with an exercise of host state\njurisdiction. In the human rights and environment contexts, it is more likely\nthat home state regulation would result in concurrent but not conflicting\njurisdiction, particularly where the regulation is designed to further shared\ninternational norms. Beyond permissibility, this paper argues that\ninternational sustainable mineral development law imposes an emerging\nobligation on all states, including home states, to ensure that the three pillars\nof public participation rights are respected. These rights are access to\ninformation, public participation in decision-making, and access to justice in\nenvironmental matters, and they are formulated in the global mining context\nas a right of indigenous and local communities to free, prior and informed\nconsent. Support for the existence of such a home state obligation may be\nfound in the recommendations of international human rights treaty bodies,\nand in the work of the International Law Commission on both state\nresponsibility, and the prevention and allocation of loss for transboundary\nharm.

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.

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 categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.273
Threshold uncertainty score0.903

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 studies0.0010.002
Scholarly communication0.0000.000
Open science0.0000.000
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 head0.035
GPT teacher head0.320
Teacher spread0.285 · 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

Quick stats

Citations24
Published2008
Admission routes1
Has abstractyes

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