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Record W3171596897

Revisiting the Depoliticization of Investment Disputes

2011· article· en· W3171596897 on OpenAlexaff
David Schneiderman

Bibliographic record

VenueTSpace · 2011
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsPoliticsDiscretionState (computer science)Supreme courtInvestment (military)LawPower (physics)Political scienceLaw and economicsSociology
DOInot available

Abstract

fetched live from OpenAlex

The chapter challenges claims about depoliticization in two different aspects. The first examined claim is that home states are disenfranchised from pursuing investment claims once they are lodged with ICSID. Is it the case that home states simply stay home? This chapter examines instances where home states may have played a role in investment disputes between contracting states. What the record generally reveals, however, is that home states involve themselves in disputes where ICSID hearings are imminent but not yet in play. The second, broader, reading of depoliticization maintains that disputes now are resolved without recourse to lowly politics but to ‘higher’ law. This more extravagant claim is vulnerable to the critique that investor-state dispute resolution is not emptied of political content but, instead, spills over with politics. As the regime implicates the capacity of public authority to act in a wide variety of regulatory contexts, the separation of law from politics is hard to credibly maintain. Not only are investor-state disputes embedded within regimes of political discourse and political power, the ambit of investment arbitrator discretion is so capacious that it can be said of arbitrators, as it has been said of the U.S. Supreme Court, that they can sensibly be regarded as political actors.

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 distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.881
Threshold uncertainty score0.526

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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 head0.042
GPT teacher head0.265
Teacher spread0.223 · 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 teacher head, 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
Published2011
Admission routes1
Has abstractyes

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