Roads and Rules: What Does Infrastructure Reveal about International Law?

Abstract

Infrastructure has been the focus of geopolitically significant regional strategies, including the Belt and Road Initiative and the Asian Highway. Mega-infrastructure projects are thought to offer crucial stimulus to support economic recovery and “infrastructure diplomacy” efforts. Transportation projects, like roads, are material objects that offer complex questions for international law, most obviously when projects or their impacts cross borders. They are long-term and long-distance, with varying impacts upon closer and further populations and environments across the construction and life of the asset. This article draws on insights from new materialism to analyse what infrastructure's entanglements might suggest about international law. The relationship between international law and transportation infrastructure is contingent. However, there is a pattern to this contingency that foregrounds funding “gaps”, investment protections, and risk assessments, which minimizes intersecting impacts and human/non-human relationships.