Mercer International Inc. <i>v</i>. Canada
Bibliographic record
Abstract
Jurisdiction — Time bar — NAFTA, Article 1116(2) — NAFTA, Article 1117(2) — Actual or constructive knowledge — Whether the claimant acquired or should reasonably have acquired sufficient knowledge of any alleged breach of NAFTA at the time three years prior to its request for arbitration Defence — Exclusions and reservations — Procurement — NAFTA, Article 1108(7)(a) — Whether regulatory determinations related to commercial activity were procurement functions excluded from most-favoured-nation and national treatment Most-favoured-nation treatment — National treatment — NAFTA, Article 1102 — NAFTA, Article 1103 — Like circumstances — De facto discrimination — Whether application of the same regulatory principles or methodology to different investors and investments constituted discrimination where the treatment resulted in disparate effects Fair and equitable treatment — Minimum standard of treatment — NAFTA, Article 1105 — Discrimination — Due process — Transparency — Whether discriminatory treatment under the minimum standard of treatment provided protections beyond that afforded by the standards of most-favoured-nation and national treatment — Whether the State had shown wilful disregard of due process — Whether transparency in regulatory decision-making was required under the customary minimum standard Interpretation — Effet utile — Whether it would be inconsistent with the effectiveness of the procurement exception to find that the standard of fair and equitable treatment permitted a discrimination claim beyond the standards of most-favoured-nation and national treatment
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 imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| 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 teacher head, 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".