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Record W3088910241

The Importation of the Fair and Equitable Treatment Standard Through MFN Clauses: An Empirical Study of Bits

2017· article· en· W3088910241 on OpenAlexaff
Patrick Dumberry

Bibliographic record

VenueSSRN Electronic Journal · 2017
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsTreatyScope (computer science)Law and economicsArbitrationInvestment (military)BusinessInvestment protectionEmpirical researchLawPolitical scienceEconomicsInternational investmentComputer scienceForeign direct investmentMathematics
DOInot available

Abstract

fetched live from OpenAlex

The fair and equitable treatment (FET) standard is now found in the vast majority of investment treaties. This article examines the following question. In the event that a BIT does not include an FET clause, can the investor be allowed to invoke the most-favoured nation (MFN) clause, which is typically contained in such treaties, to claim the benefit of an FET clause found in another treaty entered into by the host State? My review of all investment arbitration cases dealing with this issue will show that all tribunals have so far accepted the importation of FET protection through MFN clauses. This article contains the first comprehensive empirical analysis of all those MFN clauses contained in BITs that do not include an FET clause to determine whether or not their scope allows for the importation of FET protection. Finally, one question addressed in this article is whether such an importation should be allowed in all situations or whether there should be circumstances where it should not be permitted.

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)0.075
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.015
Threshold uncertainty score0.062

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0120.075
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.005
Science and technology studies0.0040.008
Scholarly communication0.0050.011
Open science0.0010.004
Research integrity0.0030.006
Insufficient payload (model declined to judge)0.0150.002

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 head0.029
GPT teacher head0.313
Teacher spread0.284 · 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 designObservational
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
Published2017
Admission routes1
Has abstractyes

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