Public Interests, Private Disputes: Investment Arbitration and the Public Good

This paper seeks to investigate the bases for resistance to arbitration in general -and investor arbitration in particular- focusing on the way in which arbitral tribunals deal with notions of public interest and the public good. The paper hypothesises that while courts have within their terms of reference the capacity to consider notions of public interest, arbitral tribunals do not. It is this core difference in the scope of decision making between the two bodies that could render privately organised dispute resolution unsuitable for disputes that have public aspects, like investor-state disputes. The paper discusses the meaning of public interest and the public good as found in the literature. It then proceeds to consider how tribunals in the investment field have dealt with these concepts. This leads to a conclusion urging not abandonment of arbitration as a component of dispute resolution, but caution. It is argued that unchecked growth in private dispute resolution can threaten perceptions of legitimacy and democratic accountability. The paper adopts a socio-legal methodology in considering the effect of legal mechanisms on social and political phenomena. It is also informed by a law and economics methodology in addressing impacts of dispute resolution mechanisms on economic efficiency. The contribution of the paper rests on theorising motivations for resistance to private dispute resolution, a topical issue in light of the TTIP debate.

In Support of the Matrix Language Frame Model: Evidence from Igbo-English Intrasentential Codeswitching

This paper explores the morphosyntactic features of mixed nominal expressions in a sample of empirical Igbo-English intrasentential codeswitching data (i.e. codeswitching within a bilingual clause) in terms of the Matrix Language Frame (MLF) model. Since both Igbo and English differ in the relative order of head and complement within the nominal argument phrase, the analysed data seem appropriate for testing the veracity of the principal assumption underpinning the MLF model: the notion that the two languages (in our case Igbo and English) participating in codeswitching do not both contribute equally to the morphosyntactic frame of a mixed constituent. As it turns out, the findings provide both empirical and quantitative support for the basic theoretical view that there is a Matrix Language (ML) versus Embedded Language (EL) hierarchy in classic codeswitching as predicted by the MLF model because both Igbo and English do not simultaneously satisfy the roles of the ML in Igbo-English codeswitching.