MétaCan
Menu
Back to cohort
Record W4235377954 · doi:10.26686/wgtn.17006449

(Un)lucky Strike and the Winnie Blues: Tobacco Plain Packaging, Investment Treaties, and the Framework Convention on Tobacco Control

2013· dissertation· en· W4235377954 on OpenAlexfundno aff
Campbell Herbert

Bibliographic record

Venuenot available
Typedissertation
Languageen
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsnot available
FundersGovernment of Canada
KeywordsExpropriationConventionTobacco controlLawInvestment (military)LegislationBusinessPolitical scienceContext (archaeology)Law and economicsInternational tradeEconomicsPoliticsGeographyPublic health

Abstract

fetched live from OpenAlex

In recent years, tobacco has been the subject of increasingly more stringent regulatory attention. At the same time there has been a proliferation of bilateral and multilateral investment agreements, While the former compels state Parties to take action to reduce tobacco consumption, many of the latter provide a guarantee to foreign investors that states will not enact measures which result in a substantial reduction of the value of their property. Recent disputes illustrate that these two sets of obligations are not capable of coexistence. In 2012 Australia took regulatory action, enacting legislation obliging the sale of tobacco products in “plain” packets. Philip Morris, Japan Tobacco International and British American Tobacco took to a number of different fora to challenge the measures as being in violation of their rights under national constitutional law, world trade law, and under nternational investment law. While the domestic law claims were limited to an assessment of the measure in the context of the companies’ constitutional rights, and the WTO claims face a significant hurdle because of the public interest nature of the regulations, the claims brought as international investment arbitrations are not subject to these same constraints. The result is a conflict of obligations. States are left in a position where they must take steps to reduce tobacco consumption while at the same time refraining from action amounting to expropriation of an investment. Does one of these obligations take priority of the other? Or must they both, as the Vienna Convention on the Law of Treaties suggests, be performed in good faith? The application of various conflicts rules imported from domestic and private international law into the international law sphere more generally yields some answers, goes some way to resolving the conflict, and reconstitutes the otherwise increasingly fragmented international law.

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 imitation

Not 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.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.003
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.065
Threshold uncertainty score0.129

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.003
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0040.003
Scholarly communication0.0080.004
Open science0.0010.002
Research integrity0.0140.008
Insufficient payload (model declined to judge)0.0130.004

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 head0.008
GPT teacher head0.213
Teacher spread0.206 · 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 source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designQualitative
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
Published2013
Admission routes1
Has abstractyes

Explore more

Same topicInternational Arbitration and Investment LawFrench-language works237,207