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Record W4392763027 · doi:10.1080/20414005.2024.2327020

Advisory opinions, juridical mischief and Canada’s contribution to the law of statehood

2024· article· en· W4392763027 on OpenAlexafffundabout
Catherine Frost

Bibliographic record

VenueTransnational Legal Theory · 2024
Typearticle
Languageen
FieldSocial Sciences
TopicPolitical Systems and Governance
Canadian institutionsMcMaster University
FundersFederation for the Humanities and Social Sciences
KeywordsConstitutionalismSecessionLawAdvisory opinionPolitical scienceLegitimacyInternational lawSociologyPublic international lawPoliticsDemocracyInternational court

Abstract

fetched live from OpenAlex

Canada is one of the few counties where the use of advisory opinions approaches that of the international level. The country’s most famous advisory is the 1998 Quebec Secession Reference, which became an authoritative source for international law on statehood and secession. It also showcases the peculiarities of the practice and offers lessons about the operations of law at its conceptual extremes. Because it required Canada’s Supreme Court to recast the country’s history and constitutionalism it shows how juridical mischief can be the wellspring of creativity and why the advisory opinion is the instrument par excellence for its introduction. Martti Koskenniemi finds similar narratives of false coherence and unresolved resolution are a hallmark of international law, suggesting a transnational pattern. John Borrows believes these patterns already shape Canada’s unresolved colonial constitutionalism and suggests they can also rehabilitate it.

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)0.007
metaresearch head score (Gemma)0.024
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 score0.081
Threshold uncertainty score0.590

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0070.024
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0020.005
Science and technology studies0.0360.040
Scholarly communication0.0160.004
Open science0.0020.004
Research integrity0.0050.007
Insufficient payload (model declined to judge)0.0060.000

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.

Opus teacher head0.008
GPT teacher head0.268
Teacher spread0.260 · 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

Citations1
Published2024
Admission routes3
Has abstractyes

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