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.

The causal relationship between private and public investment in Zimbabwe

Aims: The study examines the relationship between private and public investment in Zimbabwe utilizing yearly time series data for the period 1967 to 2004. Study Design: Time Series Study. Place and Duration of Study: Zimbabwe, May 2011 to July 2011. Methodology: Emphasis is placed on the direction of causality and the long run and short run effect of the two types of investment on each other. The paper constructs empirical models for both private and public investment, based on the flexible accelerator theory. Private investment is found to be cointegrated with public investment. A cointergration and VEC models are employed to assess the long and short run relationship existing between public and private investment. Conclusion: The relationship between private and public investment is found to be insignificant and the direction of causality found to be unidirectional. The results support the notion that private investment precedes public investment.

Freight Quality Partnerships in the UK: an analysis of their work and achievements

The report contains details of the number and type of Freight Quality Partnerships (FQPs) that exist in the UK, their structure, their aims and objectives, their activities and outputs, their challenges, successes and failings, and the extent to which they work with and learn from each other. Through survey work, the study also sought the views of those directly involved in the operation and management of FQPs about the FQP concept, whether they have improved partnership working between the public and private sector, the value for money that they provide, and actions that central government and other organisations could take to improve their success and effectiveness.

The role, organisation and contribution of community enterprise to urban regeneration policy in the UK

This monograph investigates the organisation, constitution and delivery of community-based organisations which are normally called community enterprises in the UK. These are organisations which emerge from local communities at the neighbourhood level, work in partnership with the public and private sectors, and provide a range of services to meet social, economic and environmental needs. The main focus of the paper is to explore how these organisations contribute to local regeneration strategies, generate social capital and contribute towards the promotion of civil society in general. The main emphasis is on organisations in England and Wales but comparisons are made with the USA and other countries where relevant literature is available. The key questions to be answered relate to the organisation and management of these bodies; the extent to which they engage with and contribute to local regeneration strategies; and the impact they have particularly in acquiring and managing assets. The diversity of the sector, and the range, scale and level of benefits it can deliver is illustrated through five detailed case studies of community enterprises established at different times, in different geographical locations and with different objectives and funding regimes. But, whilst the UK political economy is moving towards less state intervention and more community self-help, the community development corporations in the USA provide an indication of the future direction community enterprises might take in the UK as part of a broad trend towards civic capacity building.

Muslims in Public and Media Discourse in Western Europe: The Reproduction of Aporia and Exclusion

This chapter scrutinizes the dominant public discourse in Western Europe. Drawing on examples from the UK, Germany, and France but also from the Netherlands, Denmark and Spain it illustrates the gradual transformation of discourse from an “exotic Islam” to a “threatening Islam” that endangers European values and safety and suggests that the combination of this “securitization” of Islam and the monopoly of the “Muslim voice” by radical Muslim activists leads to a vicious circle of misrecognition and enhancing the aporia of Europe's Muslims.