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New Approaches to the Reform of Investor-State Dispute Settlement

2019· article· en· W2953375138 on OpenAlexaboutno aff
А. В. Соловьева

Bibliographic record

VenueMoscow Journal of International Law · 2019
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsnot available
Fundersnot available
KeywordsSettlement (finance)Investor-state dispute settlementState (computer science)Law and economicsBusinessPolitical scienceEconomicsLawFinanceComputer scienceAlgorithm

Abstract

fetched live from OpenAlex

Introduction. In light of the ongoing UN discussions over the investor-state dispute settlement reform, this article offers readers an opportunity to develop an understanding of not only the current reform process, but also of the directions of reforms and the key positions advanced by various dogmatic camps. The author reviews and analyses the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions on states’ concerns as presented by four delegations from Russia, the USA, Canada, and the European Union. Materials and methods. Сonsistent with the mandate’s call for the process to be fully transparent, the recordings of the sessions are made available online. The quotes from the first two meetings (34 th and 35 th ) of the UNCITRAL Working Group sessions, therefore, constitute the main resources for this article. There are occasional references to the comments made by international lawyers who received an Observer Delegate status in the Working Group III discussions. As for the methodology, the author opt to employ popular scientific research methods. Research results. As a result of the conducted research the author offers a comprehensive overview of the delegates' positions with respect to the reform as advanced by Russian and foreign delegates, and brings forward an argument about a direct line between those positions and a prevailing doctrine on the place of international investment law within international law. Discussion and conclusions. In this article the author underscores a critical distinction in the positions towards the public features of dispute settlement such as multilateralism and transparency. The article reveals the challenge in finding a proper definition for concrete steps of a reform (or reforms), and a framework for working process. Based on the available official positions of the states, and the UNCITRAL documents, the author reaches a conclusion about a long and controversial reform process. Yet the directions of reforms are becoming increasingly clear.

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 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)0.000
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 score0.964
Threshold uncertainty score0.913

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

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 head0.039
GPT teacher head0.225
Teacher spread0.186 · 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 teacher head, 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

Citations3
Published2019
Admission routes1
Has abstractyes

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