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Record W2592939927

Realizing the Precautionary Principle in Due Diligence

2015· article· en· W2592939927 on OpenAlex

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

VenueeYLS (Yale Law School) · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicEnvironmental law and policy
Canadian institutionsCentre for International Governance Innovation
Fundersnot available
KeywordsPrecautionary principleDue diligenceAdvisory opinionHarmObligationNormativeLawDiligenceInternational lawBusinessEnvironmental lawLaw and economicsPolitical sciencePublic international lawEconomics
DOInot available

Abstract

fetched live from OpenAlex

The precautionary principle is a legal principle that has found considerable support in international environmental law. Its emergence, however, has not been without problems and controversies: how do we define its normative content and trigger elements, and how do we ensure concrete implementation. The 2011 Seabed Mining Advisory Opinion used states’ due diligence obligations to prevent harm to realize the precautionary principle. Focusing on this case, this article examines how the precautionary principle can be applied using the concept of due diligence. First, this article explores the precautionary concept using examples from a selection of regional and multilateral environmental instruments, analyzing its origin and different expressions and identifying the problems in its application. Second, the article analyzes the Pulp Mills case and the Seabed Mining Advisory Opinion to substantiate the role of the obligation to take precautionary measures in the legal framework of due diligence. Third, by reference to the International Law Commission’s Draft articles on Prevention of Transboundary Harm from Hazardous Activities and the International Law Association’s study report on the Legal Principles relating to Climate Change, along with a number of international cases, the article further illustrates the distinction between due diligence, prevention and precaution and argues that they are actually interrelated.

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)0.001
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 score0.949
Threshold uncertainty score0.976

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.001

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 head0.039
GPT teacher head0.320
Teacher spread0.281 · 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