MétaCan
Menu
Back to cohort
Record W2598848133

Overloading International Human Rights Law

2015· article· en· W2598848133 on OpenAlex
Erika George

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.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueProceedings of the Annual Meeting-American Society of International Law · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Human Rights
Canadian institutionsnot available
Fundersnot available
KeywordsHuman rightsDignityLawInternational human rights lawPolitical scienceFundamental rightsInclusion (mineral)Right to propertyBill of rightsSociologySocial science
DOInot available

Abstract

fetched live from OpenAlex

This panel was convened at 11:00 a.m., Friday, April 10, by its moderator Aaron Fellmeth of Arizona State University College of Law, who introduced the panelists: Erika George of University of Utah SJ. Quinney College of Law; Frederic Megret of McGill University Faculty of Law; James Nickel of University of Miami School of Law; and Henry Shue of University of Oxford. * INTRODUCTORY REMARKS BY AARON FELLMETH ([dagger]) The list of rights included in the corpus of international human rights law has always been controversial. At the drafting of the International Bill of Rights, many wealthy democracies opposed the inclusion of economic, social, and cultural rights as merely aspirational. Some of these rights, such as the right to paid vacations and, in many places, free universal primary education, certainly were and some still are. The claim at the time was that such interests were not fit subjects for human rights because, as important as they might be to human dignity and flourishing, their inclusion was unrealistic. And it would by association potentially degrade the short list of realizable rights, such as freedom of expression and fair trial, to mere moral exhortations rather than legally enforceable mandates. In addition, some purported rights, such as the right to the benefits of science, do not seem to fit into the classic category of Hohfeldian claim-right. The substance of the right is exceedingly vague, and it is unclear against whom the right is properly invoked. Today only a few outliers such as the United States continue to deny the binding status of such rights, but many such rights still reflect aspiration more than reality in most of the world. At the same time, some states, as well as many academics and advocates, have been attempting to grow the list of human rights and expand it to new fields. These include, by way of example: (1) environmental rights; (2) intellectual property rights; (3) group rights (in the corporate, as opposed to collective, sense); (4) animal rights; and (5) a right to Internet access. Furthermore, many have advocated using international human rights law to control the misdeeds of business organizations in foreign lands, which does not so much propose a new right as expand the universe of direct duty-holders beyond the traditional international actors--states. The reason international human rights law has been deployed for these ends is fairly obvious. As the set of the most fundamental community values, human rights are used to claim priority over most competing policy goals. In general, community interests yield to conflicting rights. And so casting an interest as a human right imparts to a policy goal a gravitas beyond that normally attributed even to a binding legal right or its correlative obligations. Although this is an excellent reason to seek to elevate a much desired goal to the status of a human right, it is not a reason to grant it that status. There are two considerations here, of relative values and of systemic functioning. For an interest to be elevated to a right, there must be sufficient reason for preferring it to most competing interests. Ideally, it should be important to the dignity and flourishing of all persons. The interest in sanitary water satisfies that criterion; does the interest in protecting one's trademarks? As to systemic functioning, this is a multifaceted issue that raises many questions. Is the right's scope and content reasonably ascertainable, or is it doomed to abstraction? Does framing the interest as a right make sense in the context of a system of individual entitlements? Will it protect the interest adequately? Will it enable the undermining of other rights? Will it entail imposing duties on an appropriate subject? To discuss these and related issues, we are fortunate to have a very distinguished group of participants from the fields of philosophy, law, and political theory. …

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: none
Teacher disagreement score0.645
Threshold uncertainty score0.990

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 studies0.0010.002
Scholarly communication0.0000.001
Open science0.0020.000
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 head0.021
GPT teacher head0.304
Teacher spread0.284 · 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