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.

Four years on: a longitudinal study assessing the impact of a virtual community of practice

This paper explores the long term impact of a virtual learning community (VLC) from the perspective of community members and their employing organization. It argues that membership potentially has a significant impact on individual identities and careers, and that managed communities provide an important means for strategic workforce development. The study evaluates the impact of membership of a VLC over a four year period within the context of the theoretical frameworks of communities of practice and identity theory. The concept of boundary crossing is also explored in relation to VLCs. The paper considers the benefits to host organisations in supporting structured VLCs as a means of enabling workforce development and supporting change and innovation.