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Record W4413244084 · doi:10.3138/ccar.v15i2.005

Linking Societal Injustice and Legalization: Potential of Canadian Class Actions in Addressing International Human Rights Violations Committed by Canadian Corporations Abroad

2020· article· en· W4413244084 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueCanadian Class Action Review · 2020
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsnot available
Fundersnot available
KeywordsRedressHuman rightsPolitical scienceInternational human rights lawInjusticeLawEconomic JusticeClass actionInternational lawHarmLegalizationLaw and economicsSociologyState (computer science)

Abstract

fetched live from OpenAlex

Abstract: Class actions are increasingly being used in some countries’ jurisdictions as a vehicle to address human rights violations committed by corporations abroad, including violations of workers’ rights and harm of foreign nationals. Class actions in Canada, however, provide limited redress in such circumstances. Without such redress in Canada, it will remain impossible to hold transnational corporations incorporated in Canada accountable for the violation of international treaties or Customary International Law. In the first part of this paper I outline the current state of international human rights class actions in Canada. After discussing two cases that provide insight into the limitations of class actions as a mechanism for addressing human rights violations abroad, I discuss the potential causes of those limitations: jurisdictional issues, the corporate veil, and remedies. I argue that while human rights class actions are particularly unattractive to class counsel because of the aforementioned limitations, Canadian class actions regimes can be altered to address this shortfall and better assist those seeking justice for human rights violations abroad. The Canadian class actions regime and broader legal system can better provide access to justice for people who have experienced human rights violations abroad — through law reform that facilitates human rights cases coming before Canadian courts, amendments to current class actions legislation, and institutional changes. This paper explores how class actions can be part of the pursuit to hold accountable the entities committing human rights violations abroad.

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.

Full frame distilled prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.906
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0010.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0020.000

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 head0.073
GPT teacher head0.303
Teacher spread0.230 · 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