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Record W7066731076

INTERNATIONAL INVESTMENT ARBITRATION AND EU REFORM PROJECTS FOR APPELLATE MECHANISMS: SOME CRITICAL REMARKS

2021· article· en· W7066731076 on OpenAlexaboutno aff

Bibliographic record

VenueARCA (Università Ca' Foscari Venezia) · 2021
Typearticle
Languageen
FieldPhysics and Astronomy
TopicMagnetic confinement fusion research
Canadian institutionsnot available
Fundersnot available
KeywordsImpartialityArbitrationInternational arbitrationLegitimacyBilateralismBilateral investment treatyInvestment (military)International lawForeign direct investment
DOInot available

Abstract

fetched live from OpenAlex

A reflection on International Investment Arbitration and the Law of the European Union (EU) is an immensely stimulating exercise to highlight some of the most difficult issues of International Law, as well as current discussions about the future of International Investment Law, at least in Europe. Present concerns include the growing perception of a lack of legitimacy and predictability of ISDS decisions, their time-lengthy and costly procedures deterring smaller respondent countries, and questioning the impartiality of arbitrators. It has been said that we presently live in times of big “constitutional choices” and accordingly the EU has already replaced Investor-state dispute settlement (ISDS) arbitration mechanisms with a bilateral investment court system (ICS) in recently negotiated international investment agreements - including those with Canada, Mexico, Singapore, and Vietnam. The same treaties also include provisions anticipating the transition from the bilateral ICS to a permanent Multilateral Investment Court (MIC). It is worth noting at the outset that such a debate and the MIC proposal are focused at substituting a judicial procedural framework for investor-state dispute settlements, a permanent intergovernmental Court, in lieu of international investment arbitration. Strangely enough, one does not see the same focus on the real issue, namely the quality of the substantive law applicable to the merits in International Investment arbitration, a problem that will stay even if in the (far) future a MIC would be established. Nonetheless, even though the EU has recently entered IIAs including bilateral ICS instead of arbitration, a number of the EU’s major trading partners, including the USA and Japan, have so far expressed little support for the creation of a Permanent Court such as a MIC. In this essay, the peculiar roots of the current EU position and how they lead, as a fil rouge, to the EU current proposals that are presently discussed at UNCITRAL will be critically assessed.

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 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: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.959
Threshold uncertainty score0.984

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0170.000

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 head0.017
GPT teacher head0.263
Teacher spread0.246 · 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 teacher head, not a consensus.

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

Citations0
Published2021
Admission routes1
Has abstractyes

Explore more

Same venueARCA (Università Ca' Foscari Venezia)Same topicMagnetic confinement fusion researchFrench-language works237,207