Overview Of Investor-State Arbitration: The Regressive Character Of The 2004 U.S. Model BIT
Bibliographic record
Abstract
For more than 150 years, the U.S. government sought protection under international law of foreign investment. That longstanding and enlightened policy was severely modified by the adoption of the 2004 Model Bilateral Investment Treaty (BIT). The cause for this remarkable regression of U.S. policy is found in the fact that half a dozen cases were filed by Canadian investors under the North American Free Trade Agreement (NAFTA). As a result of this discovery, the United States reacted with the maturity of a banana republic. Not only did it litigate the cases against it with every plausible and implausible argument, it revised its model BIT to undermine substantial elements of protection accorded to foreign investment by their terms. The profound and startling deficiency of 2004 provision is that there is no agreement in the international community on the content of the "customary international law" on which the 2004 Model BIT relies.
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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 | 0.001 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.004 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.004 | 0.004 |
| Open science | 0.001 | 0.001 |
| Research integrity | 0.002 | 0.002 |
| Insufficient payload (model declined to judge) | 0.011 | 0.004 |
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".