Communications Infrastructure, Technological Solutionism and the International Legal Imagination

Abstract

Abstract This article considers the role played by communications infrastructure within the international legal imagination. It engages with contemporary debates regarding the power of corporate digital platforms and their model of information capitalism. An international legal historical perspective is adopted in order to contextualise international law’s present infrastructural turn and connect current debates over big tech with their precursors. The history of international legal engagement with the development of communications infrastructure reveals a recurring pattern of looking to technological infrastructure for solutions to global problems. This can act to empower private actors and contribute to an ongoing absence of meaningful international legal regulation of communications. The contemporary interest in infrastructure, and its implications in terms of fostering the private power of big tech over global communications, is in many ways a return. But it could also take account of alternative visions for international law which were present at key moments during the League of Nations era and the Cold War. Connecting current debates with those earlier moments in international legal history can help to highlight and counter continuing patterns of technological solutionism within the international legal imagination.

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