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The Litigation Landscape of Business and Human Rights

2021· book-chapter· en· W3213139992 on OpenAlexaboutno aff
Robert McCorquodale

Bibliographic record

VenueOxford University Press eBooks · 2021
Typebook-chapter
Languageen
FieldBusiness, Management and Accounting
TopicCorporate Law and Human Rights
Canadian institutionsnot available
Fundersnot available
KeywordsAlien Tort StatuteHuman rightsLawTortPolitical scienceJurisdictionDuty of careCommercial lawStatuteCommon lawSovereigntyPublic lawComparative lawContext (archaeology)LiabilityGeography

Abstract

fetched live from OpenAlex

Robert McCorquodale outlines the wider business and human rights context of human rights litigation against multinationals and explains key concepts that arise. He highlights differences between civil law and common law systems in terms of sources of law and procedures, and between criminal and civil claims against multinationals. The concepts of separation of corporate identity and the tort law duty of care developed in the English cases are considered. The principles of European law on jurisdiction over corporations and choice of law are explained. The relevance, in multinational human rights cases, of public international law and sovereignty issues in <italic>forum non conveniens</italic> disputes, claims in the United States under the Alien Tort Statute, and by direct application in States such as Canada and the Netherlands, is discussed. The important contextual backdrop of developments such as the United Nations Guiding Principles (UNGPs), the Organisation for Economic Co-operation and Development (OECD) Guidelines and other international standards is also highlighted.

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: Other · Consensus signal: Other
Teacher disagreement score0.936
Threshold uncertainty score0.719

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 studies0.0010.000
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 head0.019
GPT teacher head0.177
Teacher spread0.158 · 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
GenreOther

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

Citations2
Published2021
Admission routes1
Has abstractyes

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