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Record W2284351745

'Commercial Peacemaking' - The New Role of the International Commercial Arbitration Legal Order

2014· article· en· W2284351745 on OpenAlexaff
Tamar Meshel

Bibliographic record

VenueeYLS (Yale Law School) · 2014
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsUniversity of Alberta
Fundersnot available
KeywordsPeacemakingArbitrationOrder (exchange)Political sciencePoliticsAlternative dispute resolutionConflict resolutionLawLaw and economicsInternational tradeBusinessDispute resolutionSociology
DOInot available

Abstract

fetched live from OpenAlex

International commercial arbitration (ICA) has risen to prominence over the past several decades as the most efficient and effective mechanism for resolving cross-border disputes between commercial entities, and has long been considered by the international business community as "the normal means of settling disputes arising from international transactions." ICA offers disputing parties an accessible, neutral, and private mechanism that is distinct from any specific national legal system; a "kind of social jurisdiction, opposed to State jurisdiction." It has thus been considered by some to constitute a specialized international regime, a form of "transnational" or "global" governance, or an autonomous legal order. Part II of this Article will discuss the two interrelated rationales for this new role of the ICA legal order: first, the dispute resolution lacuna that exists with respect to commercial disputes between parties from rival states and its effect on cross-border trade, and second, the potential impact of improved bilateral trade on interstate political cooperation and peaceful relations. Part III will examine the concept of ICA as an autonomous legal order and the particulars of its proposed "commercial peacemaking" role, and Part IV will analyze this role in the context of the Jerusalem Arbitration Center and the North-South Korea Commercial Arbitration Committee. Finally, Part V will consider the potential application of the new role of the ICA legal order to India and Pakistan, and Part VI will offer conclusions.

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 machine prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.010
metaresearch head score (Gemma)0.012
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.016
Threshold uncertainty score0.054

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0100.012
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0060.035
Scholarly communication0.0160.013
Open science0.0020.005
Research integrity0.0070.009
Insufficient payload (model declined to judge)0.0050.001

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 head0.011
GPT teacher head0.227
Teacher spread0.216 · 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 source (direct Gemma or distilled Codex), 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

Citations0
Published2014
Admission routes1
Has abstractyes

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Same venueeYLS (Yale Law School)Same topicInternational Arbitration and Investment LawFrench-language works237,207