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Record W2891321095 · doi:10.1111/japp.12340

Rights to the Oceans: Foundational Arguments Reconsidered

2018· article· en· W2891321095 on OpenAlexaboutno aff
Cara Nine

Bibliographic record

VenueJournal of Applied Philosophy · 2018
Typearticle
Languageen
FieldEnvironmental Science
TopicInternational Maritime Law Issues
Canadian institutionsnot available
Fundersnot available
KeywordsSketchObject (grammar)EpistemologyCommonsGlobal commonsIntellectual propertyProperty (philosophy)LawNatural (archaeology)Human rightsSociologyLaw and economicsEnvironmental ethicsPolitical sciencePhilosophyHistoryComputer scienceEcology

Abstract

fetched live from OpenAlex

Abstract This article examines theories of ocean rights based on the works of Hugo Grotius and Samuel von Pufendorf. Grotius's object‐centred view uses features of the natural world to justify claims to external objects. I show that Grotius's view is inadequate, because it relies on an outdated claim that oceanic resources are sufficiently abundant for anybody to use. Further, adaptations of his view are wanting, because they either rely on arbitrary distinctions or disregard the values of cultural minorities. Pufendorf's relational view constructs rights through the exercise of human will. While Pufendorf believes that agreements create rights, he also argues that property rights can be unilaterally acquired from the commons without express consent from others. The relational view is a viable alternative to the object‐centred view, because it both delimits territorial claims over the ocean to a ‘modest’ size and also respects cultural variability. A major aim of this article is to present Pufendorf's theory of territorial rights extended over oceans and to demonstrate how it is useful for assessing contemporary disputes. In the final sections, I apply the relational view to Canadian claims to the Northwest Passage, and I also sketch implications for assessing expanding claims to the seabed.

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)0.012
metaresearch head score (Gemma)0.015
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 score0.075

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0120.015
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.002
Science and technology studies0.0070.057
Scholarly communication0.0090.014
Open science0.0030.006
Research integrity0.0100.008
Insufficient payload (model declined to judge)0.0070.001

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 head0.015
GPT teacher head0.247
Teacher spread0.233 · 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

Citations7
Published2018
Admission routes1
Has abstractyes

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Same venueJournal of Applied PhilosophySame topicInternational Maritime Law IssuesFrench-language works237,207