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Record W2056240794 · doi:10.1353/tlj.2010.0000

Investment Rules and the Denial of Change

2010· article· en· W2056240794 on OpenAlexaffvenue
Gus Van Harten

Bibliographic record

VenueUniversity of Toronto Law Journal · 2010
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicState Capitalism and Financial Governance
Canadian institutionsYork University
Fundersnot available
KeywordsDenialInvestment (military)BusinessEconomicsPolitical scienceLawPsychologyPolitics

Abstract

fetched live from OpenAlex

In his book Constitutionalizing Economic Globalization, David Schneiderman examines the relationships between international investment rules and constitutional principles of liberal democracy. He begins by examining the legal and ideological underpinnings of international investment rules, showing how key concepts under the treaties originate in some (but not all) domestic constitutions. He shows also how the regime has served as a vehicle for arbitrators to ratchet up the imposition of international discipline on states. Schneiderman reviews case studies showing the impact of the rules on governments. He also identifies how arbitrators have interpreted investment treaties in ways that take constitutionalist notions of limited government beyond their domestic trajectories and that promote versions of the ‘rule of law’ with a distinctly neo-liberal bent. Ironically, the portrayal of investment arbitration as an institutional hammer of neo-liberalism that is just now hitting its nails coincides with a resurgent Keynesianism and renewed regulation at the domestic level. My main criticism of the book is that its claim of ‘constitutionalization’ is open to doubt given that (1) the treaties can be abrogated, (2) the treaties lack the normative power of domestic constitutions, and (3) investment arbitration lacks integral components of a liberal constitutional structure, including institutional safeguards of judicial independence. Is the system constitutional or merely neo-liberal? Nevertheless, Schneiderman offers powerful insights on the capacity for alternative visions and resistance. It is also refreshing to see Schneiderman focus on national governments and their power to undo that which has been done.

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 categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.975
Threshold uncertainty score0.968

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 communication0.0000.001
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 head0.014
GPT teacher head0.178
Teacher spread0.164 · 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
Published2010
Admission routes2
Has abstractyes

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