A Canadian Commentary on Constructive Expropriation Law Under NAFTA Article 1110
Bibliographic record
Abstract
By virtue of the Constitution Act, 1982. Canada has established that some rights andfreedoms are beyond the reach ofgovernment. However, the protection of properly, especially with regard to the guaranteeing of compensation ifproperty is taken by the state, has not been elevated to this same level of constitutional protection. This article examines regulatory takings claims under Article 1110 ofthe North American Free Trade Agreement and provides an exposition of the law insofar as it has developed in the NAFTA context. It begins with a survey of constructive takings in international and domestic U.S. law and concludes by highlighting the obvious differences between the protection afforded to foreign NAFTA investors in Canada and domestic owners of properly when property is taken.
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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 | 0.009 | 0.016 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.005 |
| Science and technology studies | 0.020 | 0.017 |
| Scholarly communication | 0.013 | 0.003 |
| Open science | 0.004 | 0.002 |
| Research integrity | 0.019 | 0.015 |
| Insufficient payload (model declined to judge) | 0.006 | 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".