The Iran-United States Claims Tribunal, NAFTA Chapter 11, and the Doctrine of Indirect Expropriation
Bibliographic record
Abstract
This essay takes its cue from the recent Interim Award rendered under Chapter 11 of the North American Free Trade Agreement ("NAFTA") on June 26, 2000 in Pope & Talbot, Inc v Canada. Pope & Talbot implied that the awards of the Iran-United States Claims Tribunal concerning expropriation were not relevant to the interpretation of the expropriation provisions of Chapter 11 of NAFTA. My aim here is to explain why, contrary to this suggestion, the precedents of the Iran-United States Claims Tribunal are legitimate and helpful sources of law in NAFTA Chapter 11 disputes.
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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 | 0.005 | 0.012 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.008 | 0.025 |
| Scholarly communication | 0.014 | 0.007 |
| Open science | 0.002 | 0.005 |
| Research integrity | 0.008 | 0.011 |
| Insufficient payload (model declined to judge) | 0.004 | 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".