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Record W3121759872

The Domestic Application of International Law in Canada

2018· article· en· W3121759872 on OpenAlexaboutno aff
Gib van Ert

Bibliographic record

VenueSSRN Electronic Journal · 2018
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Aviation
Canadian institutionsnot available
Fundersnot available
KeywordsLawMunicipal lawPolitical sciencePublic lawPresumptionCommon lawComparative lawInternational lawJurisprudence
DOInot available

Abstract

fetched live from OpenAlex

This chapter describes how public international legal norms are received into Canadian domestic law. The rules governing international law’s reception in Canada originate in British constitutionalism and English common law. But the Supreme Court of Canada has developed this tradition by insisting that international law is part of the context in which Canada’s domestic laws are enacted. This has led to a notable openness to internationally-informed legal arguments and a strong commitment to the interpretive presumption that domestic law conforms with the State’s international obligations. While treaties still require legislative implementation to take direct effect in domestic law, they can have indirect interpretive effects even without legislation. Customary international law does not require legislation; it is automatically incorporated by the common law. Even Canada’s leading constitutional instrument, the Charter of Rights and Freedoms, seems now to be interpreted according to a presumption that it at least meets the minimum requirements of international human rights law. Traditional judicial avoidance techniques such as act of state and political questions are notable by their absence in Canadian reception jurisprudence. Courts still find ways to disregard international law in particular cases, but the trajectory is towards using it.

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)0.002
metaresearch head score (Gemma)0.005
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.208
Threshold uncertainty score0.919

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.005
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0020.006
Science and technology studies0.0220.011
Scholarly communication0.0120.002
Open science0.0020.005
Research integrity0.0020.004
Insufficient payload (model declined to judge)0.0130.001

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 head0.004
GPT teacher head0.275
Teacher spread0.270 · 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 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

Citations0
Published2018
Admission routes1
Has abstractyes

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