Introduction

As Chapter 1 indicated, this book looks at human rights issues arising in the context of privatized infrastructure projects as opposed to public ones. This chapter demonstrates how even privatized projects include a substantial public element. Nonetheless, a sea change has occurred since the late 1970s away from predominantly public and toward private projects. At the same time, in recognition of the still substantial role of governments in even these privatized projects, this chapter refers to privatized infrastructures as public-private partnerships (PPPs). This indicates a mix of public and private actors playing a substantial role in specific projects. Further, many of the infrastructure projects discussed in this book include a foreign element. Thus, our concern is primarily with transnational PPPs.

If privatized projects can include a substantial public element, then what does it mean for a project to be privatized? Is it enough that a private investment bank is involved in extending a loan for the project to be built? Does it matter if the private loan is advanced to a state government rather than to a private company? Is it necessary for a private company to be involved in the building or operating of a project? What is the significance of whether the project is privately financed or instead privately constructed or operated? What if a state government or intergovernmental organization underwrites the participation of a private company in a project?