The Peremptory Norms of the International Community: A Rejoinder to Alexander Orakhelashvili
Bibliographic record
Abstract
Alexander Orakhelashvili has generously responded to my The Peremptory Norms of the International Community with an understanding which requires clarification on my part. On the one hand, consistently with my argument, he urges the departure from the cut and paste repetition of the sources of Such sources offer an ordinary, or mainline, justification which is insufficient or irrelevant to justify peremptory norms. On the other hand, he insists that none of this is meant to challenge positivist foundations of international law. Although he emphasizes public policy as an important factor in that foundation, he also highlights fundamental values and the will, choices and universality of an international community. Orakhelashvili adds that the international social ethos, which I privileged, was a correct premise for jus cogens, but not sufficient one. What is also needed, he advises, is that the ethos be given a legal or language. When the nature of such legal language is ad ressed, one is advised that the language remains consensual positivism. Public policy is emphasized as such an expression commonly accepted in domestic and international legal discourses, we are advised.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.002 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
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.
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 teacher head, 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".