Transnational Legal Technologies Regulating Infrastructures-as-Regulation

Infrastructures of and for globalization are not governed by a comprehensive legal framework. Global commitments to the liberalization of trade in goods and services in bilateral, regional, and megaregional free trade agreements and the WTO regulate economic flows, but only to a very limited extent do they regulate the underlying facilitating physical, informational, and digital infrastructures. Rather, different legal and institutional technologies are being used for the funding, ownership, operation, and interaction of these infrastructures. Understanding these mechanisms—often private and public-private—is critical to analysis of infrastructures-as-regulation, because infrastructures’ social-ordering power is enabled, steered, shaped, and limited by them.