International Res Judicata as a Solution to Parallel Proceedings Arising from Shareholders’ Claims for Reflective Loss in International Investment Law
Bibliographic record
Abstract
Extended beyond the previous chapter’s analysis of the main problems raised by parallel proceedings, this chapter proposes a first way in which such risks can be reduced or eliminated altogether: a broader application of international res judicata. This chapter starts by defining and explaining the concept of international res judicata by comparing it to the understanding of the same concept in both civil law and common law jurisdictions. It then proceeds to argue for a broader and realistic (i.e., more flexible) application of this principle, which should be qualified as a principle of customary international law. This chapter also briefly addresses the principles of estoppel and lis pendens in international law and explains why they can be useful to answer the risks associated with parallel proceedings in the context of shareholders’ claims for reflective loss.
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 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 | 0.005 | 0.009 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.003 | 0.016 |
| Scholarly communication | 0.010 | 0.011 |
| Open science | 0.002 | 0.006 |
| Research integrity | 0.008 | 0.011 |
| Insufficient payload (model declined to judge) | 0.008 | 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".