The relationship between bilateral investment treaty arbitration and the wider corpus of international law: The ICSID approach
Bibliographic record
Abstract
The purpose of this thesis is to explore how bilateral investment treaties ("BITs") and the system of BIT arbitration are situated within the framework of public international law, and how conflicts between investment treaty obligations and international law should be resolved. BITs form part of public international law because they are international treaties that bind States and create public international law. BITs are public law because they limit state conduct. BITs also create private obligations owed by States to individuals within their territories. Thus, BITs straddle the divide between public and private law. The tension between the public and private obligations embodied in BITs means that any conflict between a host-State's BIT obligations and its other international law obligations cannot simply be resolved by declaring public international law triumphant. Rather, a fine balancing must occur between the rights of the investor and that of the host-State and international community at large.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.011 | 0.016 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.004 | 0.006 |
| Science and technology studies | 0.009 | 0.032 |
| Scholarly communication | 0.017 | 0.016 |
| Open science | 0.002 | 0.009 |
| Research integrity | 0.004 | 0.009 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
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.
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 source (direct Gemma or distilled Codex), 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".