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Record W2981504739 · doi:10.7202/1055493ar

The Emergence of a More Conventional Reading of the Conventionality Control Doctrine

2019· article· en· W2981504739 on OpenAlexvenueno aff
Álvaro Paúl

Bibliographic record

VenueRevue générale de droit · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Human Rights
Canadian institutionsnot available
Fundersnot available
KeywordsDoctrineLawInterpretation (philosophy)Political scienceLegislationConventionPower (physics)Judicial reviewReading (process)Human rightsJudicial interpretationLaw and economicsSociologyPhilosophyLinguistics

Abstract

fetched live from OpenAlex

The Inter-American Court of Human Rights developed a doctrine called conventionality control. In general terms, this doctrine is somewhat similar to the idea of judicial review of legislation, but applied in a transnational forum. According to the Court, conventionality control would require domestic judges and other bodies of States parties to the American Convention on Human Rights (ACHR) to depart from domestic legislation that runs counter to the ACHR or the Inter-American Court’s interpretation of the ACHR. Many scholars contend that the application of this doctrine should be carried out even if the domestic bodies that apply it have no constitutional power to do so. Others have a more restrictive interpretation and consider that domestic bodies would have to apply it to the extent of their power, according to their national constitutions. Apparently, the latter interpretation is gaining a wider support, which is desirable, because only this reading would be compatible with the principles of international law, and possibly accepted by all member States.

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)0.007
metaresearch head score (Gemma)0.010
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.013
Threshold uncertainty score0.063

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0070.010
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.003
Science and technology studies0.0040.035
Scholarly communication0.0130.012
Open science0.0020.003
Research integrity0.0080.021
Insufficient payload (model declined to judge)0.0040.001

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 head0.011
GPT teacher head0.272
Teacher spread0.261 · 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 designNot applicable
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

Citations2
Published2019
Admission routes1
Has abstractyes

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