An Umbrella just for Two? BIT Obligations Observance Clauses and the Parties to a Contract
Bibliographic record
Abstract
Of all the controversial aspects of the bilateral investment treaty, perhaps none are as controversial as the scope of the treaty obligations observance, or ‘umbrella,’ clause. By requiring states to observe obligations they have entered with regard to investments, the clause potentially enables foreign investors to pursue any contractual disputes with the host state before an independent arbitration tribunal. Foreign investors have also sought to rely on the clause to pursue their contractual disputes with sub-state entities as well as their local subsidiaries’ contractual disputes. This article examines the result of these claims to determine if there is, indeed, room for more than just the foreign investor and host state under the obligations observance clause umbrella.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.006 | 0.018 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.007 | 0.022 |
| Scholarly communication | 0.013 | 0.018 |
| Open science | 0.002 | 0.008 |
| Research integrity | 0.012 | 0.011 |
| Insufficient payload (model declined to judge) | 0.019 | 0.003 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
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".