Permissibility of Investment Arbitration: between Achmea and CETA. Commentary on International Centre for Settlement of Investment Disputes Decision in Case ARB/12/12, Vattenfall (Achmea issue)
Bibliographic record
Abstract
The decision of the arbitral tribunal in the Vattenfall case holds that investment arbitration based on the Energy Charter Treaty is compatible with EU law, as interpreted by the Court of Justice in the Achmea case. The arbitral tribunal found that the Achmea judgment does not apply to the Energy Charter Treaty (or similar international agreements) and, moreover, that neither the principles of treaty interpretation nor conflict of laws rules give EU law primacy over the Treaty. Even though this ruling is correct from the point of view of international law, it seems to infringe EU law as interpreted in the subsequent opinion in the CETA case.
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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 | 0.034 | 0.060 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.002 | 0.003 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.013 | 0.023 |
| Scholarly communication | 0.022 | 0.013 |
| Open science | 0.009 | 0.008 |
| Research integrity | 0.079 | 0.060 |
| Insufficient payload (model declined to judge) | 0.004 | 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".