Westmoreland V Canada: A Precedent against the Transferability of Treaty Claims
Bibliographic record
Abstract
This case- note focuses on the award issued in Westmoreland Mining Holding llc v Government of Canada on 31 January 2022. The decision sets a relevant precedent against the transferability of treaty claims. The tribunal held that it lacked jurisdiction ratione temporis to decide a claim brought by the assignee of a treaty claim, considering that the claimant was not the investor that owned or controlled the investment at the time of the alleged breach. This case- note summarises the award and offers an analysis on the transferability of treaty claims, proposing that the ratione temporis requirement should not defeat the jurisdiction of tribunals facing claims brought by assignees.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.013 | 0.031 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.002 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.025 | 0.015 |
| Scholarly communication | 0.015 | 0.006 |
| Open science | 0.005 | 0.007 |
| Research integrity | 0.022 | 0.026 |
| Insufficient payload (model declined to judge) | 0.008 | 0.001 |
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.
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 source (direct Gemma or distilled Codex), 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".