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Record W4309765515 · doi:10.1093/jiel/jgac044

Main Act or Side Show? Model Agreements by International Institutions and Their Reuse in Investment Treaty Texts

2022· article· en· W4309765515 on OpenAlexfundno aff
Wolfgang Alschner, Manfred Elsig, Simon Wüthrich

Bibliographic record

VenueJournal of International Economic Law · 2022
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsnot available
FundersSocial Sciences and Humanities Research Council of Canada
KeywordsTreatyInvestment (military)InstitutionConventionInternational tradeInternational lawBusinessPolitical scienceLaw and economicsLawEconomics

Abstract

fetched live from OpenAlex

ABSTRACT Scholars and negotiators often assert that model treaty texts published by international institutions (IIs) shape investment treaty design. This paper empirically investigates the reuse of international institutions’ treaty templates. It tracks the imprint of six international institution templates on the text of negotiated international investment agreements (IIAs) using the Electronic Database of Investment Treaties. We find that the overall impact of international institution models has been low. No international investment agreement in our dataset was copied from an international institution’s model wholesale. On average, annual similarity between model texts and negotiated investment treaties is lower than 40% and significantly lower than the influence of international institutions’ models in the structurally similar international tax treaty regime. However, we do find evidence of an impact of international institutions' language on specific salient clauses. For example, the text of key investment protection clauses in the 1967 Draft Convention of the Organization of Economic Cooperation and Development was reproduced in hundreds of international investment agreements and novel clauses on investor responsibility first introduced in the 2006 International Institute for Sustainable Development model have subsequently been copied verbatim into negotiated international investment agreements. Our work concludes by discussing explanations for the comparatively low imprint of international institutions, notes other pathways for these institutions to influence treaty design, and sketches out an agenda for future research.

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)0.012
metaresearch head score (Gemma)0.153
Version: metacan-v3-hybrid-931329e0061cValidation 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: Empirical · Consensus signal: Empirical
Teacher disagreement score0.012
Threshold uncertainty score0.065

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0120.153
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0080.013
Science and technology studies0.0020.003
Scholarly communication0.0070.009
Open science0.0010.003
Research integrity0.0010.002
Insufficient payload (model declined to judge)0.0110.002

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 head0.028
GPT teacher head0.250
Teacher spread0.222 · 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 designTheoretical or conceptual
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

Citations3
Published2022
Admission routes1
Has abstractyes

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Same venueJournal of International Economic LawSame topicInternational Arbitration and Investment LawFrench-language works237,207