Responsabilidad civil corporativa por violaciones del Derecho internacional consuetudinario. Nota sobre la sentencia del Tribunal Supremo de Canadá en el caso Nevsun
Bibliographic record
Abstract
In its judgment rendered on February 2020 in the case of Nevsun v. Araya, the Supreme Court of Canada opens the door to civil claims for damages by individuals against corporations before Canadian courts for violations of customary international law allegedly occurred abroad. The opinion revisits and analyzes in depth the state of the Canadian common law with respect to fundamental and controversial legal issues such as state immunity, the act of state doctrine, the adoption of the customary international law into the domestic legal system, the direct application of norms of public international law to private actors, the extraterritorial jurisdiction of civil courts, the division of powers and justiciability in domestic courts of acts by sovereign states, as well as the corporate liability for violations of customary international law norms (including human rights international law).
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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 | 0.003 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.009 | 0.007 |
| Scholarly communication | 0.008 | 0.002 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.004 | 0.005 |
| Insufficient payload (model declined to judge) | 0.013 | 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".