How to build justice into large infrastructure projects

 

The coming two decades will see staggering amounts of investments in infrastructure projects, all over the world; at a scale never seen before. Roads, (air)ports, electricity grids, hydro dams, mines for natural resources, cables, oil and gas installations, water systems, etc.. 

The challenge

Such big infrastructure projects really don’t fit into the traditional parameters for which national legal systems are built. A custom-made justice infrastructure is needed.

What is needed?

Firstly, the justice infrastructure must be able to handle transnational dimensions. These types of projects almost by definition cross borders. It must work for the long term; these projects are like a marriage; they stay even when they are gone. The justice infrastructure must be able to handle many stakeholders with many conflicting interests and power bases. Such projects are very dispute-prone. It’s built into them. It must also be a structure that is very adaptable. These projects cannot have, also almost by definition, one-size-fits all approaches. The combination of interests, geographical location, stakeholders, timeframe, and other things will always differ. Finally, the justice infrastructure must take account of the law, but also the ‘social licence to operate’, which is often the single most success-defining factor. There’s a lot of room for justice innovation here.
Some first thoughts: better rules and rules for making rules. Smart conflict prevention and resolution systems that can deal with Wall Street and Amazonian Indians. Standards and terms of reference for its different components so you can have some measure of success (When is a rule making process ‘good’? When is a justice process ‘fair’?). Finding good ways in which IT and social media can provide support. Developing the right management skills. Designing the best governance structures, like smarter public-private partnerships.

Read Sam Muller's blog on 'Infrastructure justice'