May Misapplication of EU Law Give Rise to International Responsibility... of the Member State Under Investment Treaties?
Bibliographic record
Abstract
This paper seeks to answer the question whether Member States may be responsible for violation of investment standards by misapplication of EU law. It consequently deals with a number of preliminary issues. First, it asks whether liability for breaches of EU law lies within the exclusive do-main of the Member States courts and the Court of Justice of the European Union. Second, it analyzes the status of EU law under investment treaties, while having regard mainly to substantive aspects. Subsequently, it integrates misapplication of EU law into the matrix of state responsibility under inves-tment treaties. Finally, the paper offers some thoughts on how misapplication of EU law is treated un-der the Comprehensive Economic and Trade Agreement between the EU and Canada. The overall conclusion of the paper being that misapplications of EU law have remained important in the context of investment protection.
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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 | 0.008 | 0.018 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.003 | 0.011 |
| Scholarly communication | 0.010 | 0.009 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.005 | 0.008 |
| Insufficient payload (model declined to judge) | 0.003 | 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".