The Role and Relevance of Awards in the Formation, Identification and Evolution of Customary Rules in International Investment Law
Bibliographic record
Abstract
This article examines the question of the role and relevance of arbitral awards in the formation, development and evolution of customary rules in international investment law. Judicial decisions and arbitral awards are not formal sources of international law. They cannot be considered as evidence of state practice for the formation of customary rules. Yet, while international judges or arbitrators have no formal role in the creation of these rules, they nevertheless play an essential role in “revealing” their existence as well as in their development and evolution. Thus, any decision/award containing a comprehensive and persuasive analysis (based on a detailed examination of both state practice and opinio juris) on whether or not a given rule should be considered as custom will greatly influence other future tribunals as well as the subsequent practice of states. I will observe in this article, however, that arbitral tribunals have so far generally failed in their task of properly revealing the existence of customary rules. Thus, instead of conducting their own analysis of practice and opinio juris, they generally simply rely on the findings of other tribunals.
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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 | 0.030 | 0.056 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.004 | 0.003 |
| Science and technology studies | 0.006 | 0.037 |
| Scholarly communication | 0.018 | 0.011 |
| Open science | 0.002 | 0.007 |
| Research integrity | 0.003 | 0.007 |
| Insufficient payload (model declined to judge) | 0.002 | 0.000 |
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.
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".