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117 AJIL Unbound 1 (2023)

handle is hein.journals/ajilunbo117 and id is 1 raw text is: 







doi:10.1017/aju.2022.74


              INTRODUCTION TO THE SYMPOSIUM ON INFRASTRUCTURING
                                          INTERNATIONAL LAW

                                                Benedict Kingsbury*

   Infrastructures encompass  dynamic   networks  and assemblages  that enable and control flows of goods, people,
and information  over space. These  can be physical, informational, or digital; most now are combinations of these,
for example,  the Internet, or Global Positioning and Navigation  Systems  (such as GPS  and  Beidou). Many  other
things run or depend  on an infrastructure-and   most infrastructures depend  on or link with other infrastructures.
Some   infrastructures lie underneath, barely noticed for long periods until things go wrong,  while others attract
much   public  and  political attention and  are joyously  celebrated, fiercely resisted, or resignedly  accepted.
Infrastructures are important, but not much   systematic work  has been done  on  the significance of their relation-
ship with international (or transversal) law. Consideration of how infrastructures affect or shape international law
entails consideration of how  relations, processes, and imaginations of particular infrastructures interact with law,
and vice versa. This symposium   contributes to the investigation of how infrastructures may work  as fundamental
components of   regulatory ordering-or may work against or orthogonal to some such ordering projects and in
support  of competing  or resistance projects.'
   Even  if it is not (yet) studied as a field, international infrastructure law is a large practice area and many of its
components have long been prominent in specialized scholarship.2 International law-its praxis, doctrines, and
structures-is  routinely deployed  in the enabling and controlling of certain kinds of transnational infrastructures,
or the flows these infrastructures channel  or block. Some  notable  infrastructures could barely exist or function
without  particular international law arrangements (specific infrastructures of this sort include the Suez Canal, the
France-UK   Channel  Tunnel,  the Schengen  Information  System, the World  Health Organization's  pandemic  mon-
itoring system, and the Nordstream   2 pipeline built but suspended from  becoming   operational following Russia's
2022  invasion of Ukraine). International law figures in sprawling initiatives of infrastructural developmentalism
such  as the Belt and Road  Initiative or the United Nations  Sustainable Development Goals.3 International law
enables or regulates financing and investment  protection for large physical infrastructures, requirements to obtain

   * Vice Dean and Murry and Ida Becker Professor of Law, NYU Law School, New York, United States.
   Benedict Kingsbury, Infrasflecfre and InfraRe: On Rousing the Inernationni  1 tnrdofIs, 8 CAMBRIDGE INT'L L.J. 171 (2019). This is the
animating idea of the InfraReg research project at NYU Law School (iilj.org). This AJIL Unbound symposium is a tribute to the memory of
the anthropologist Sally Engle Merry, one of the founders of the InfraReg project and an inspiration to the symposium editor and all of the
contributors. We collectively thank Galit Sarfaty ofAJIL Unbound, a lawyer and anthropologist whose initiative brought this symposium into
being.
   2 MARIANAVALVERDE, INFRASTRUCTURE: NEW TRAJECTORIES IN LAw (2022), writing on national or transversal law rather than international
law, lists a set of topics in a law of infrastructure frame that help constitute what she characterizes (using Bourdieu's terminology) as the
infrastructure-enabling field. These include value-for-money assessments, audits, bonds and other financing, credit ratings, community
consultations, contract terms, public-private partnerships, and sectorally specific aspects of cases such as high-speed rail and smart cities.
   3 Alejandro Rodiles, In/Nstructural Developmentalism and Its Many Types of Global Law: A Comparative Look at the UN Sustainable Development
Goals andi China'r Belt and Road Initiative, LONDON REV. INT'L L. (2022).

         © Benedict Kingsbury 2023. Published by Cambridge University Press for The American Society of International Law. This is an  1
         Open  Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/
         licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is
                                                    properly cited.

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