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Record W4389456177 · doi:10.1017/s2047102523000171

A Rights Turn in Biodiversity Litigation?

2023· article· en· W4389456177 on OpenAlexaff
César Rodríguez-Garavito, David R. Boyd

Bibliographic record

VenueTransnational Environmental Law · 2023
Typearticle
Languageen
FieldSocial Sciences
TopicEnvironmental law and policy
Canadian institutionsUniversity of British Columbia
Fundersnot available
KeywordsBiodiversityTypologyHuman rightsPolitical scienceBusinessEnvironmental planningLaw and economicsLawEnvironmental resource managementEconomicsGeographyEcologyBiology

Abstract

fetched live from OpenAlex

Abstract Based on an original database of 49 rights-based biodiversity (RBB) lawsuits filed around the world, this article hypothesizes that rights-based norms and institutions are becoming increasingly important in legal challenges aimed at biodiversity protection. We explain retrospectively the antecedents and characterize early RBB litigation by constructing a typology of cases and legal arguments that litigants and courts have used to establish the connection between biodiversity and rights protection. We then, prospectively, draw on our RBB case database and the trajectory of human rights and climate change (HRCC) litigation to anticipate likely trends, opportunities, and obstacles for future RBB cases. We posit that future RBB cases will build on the foundations laid by pioneering RBB cases, will apply lessons from HRCC litigation, and will systematically frame biodiversity loss as a rights issue.

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)0.009
metaresearch head score (Gemma)0.035
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: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.015
Threshold uncertainty score0.049

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0090.035
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0040.004
Science and technology studies0.0050.016
Scholarly communication0.0150.020
Open science0.0010.006
Research integrity0.0040.006
Insufficient payload (model declined to judge)0.0140.001

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.

Opus teacher head0.014
GPT teacher head0.257
Teacher spread0.243 · 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

Citations13
Published2023
Admission routes1
Has abstractyes

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