Domestic Legal Impacts of Chinese-Funded Infrastructure Projects in Sri Lanka

Abstract

This chapter explores the role of domestic law and institutions in selecting, approving, and contesting Chinese-funded infrastructure projects in Sri Lanka, an often-overlooked aspect of the broader discourse about China’s Belt and Road Initiative (BRI). This analysis raises two fundamental questions: Have Chinese-funded infrastructure projects in Sri Lanka influenced the country’s legal landscape, and if so, how? This chapter argues that they have had a considerable influence on Sri Lanka’s domestic legal landscape, with impacts extending from exposing lacunae in the country’s governance framework on development projects to prompting the enactment of new laws. They revealed gaps in certain applicable regulatory frameworks while prompting the establishment of new ones and necessitating the enactment of new laws either to facilitate specific Chinese-funded development projects or to address certain concerns associated with them. Some projects have allegedly violated applicable regulations, necessitated legal amendments, and tested certain public law mechanisms. The chapter delves into the nuances of these legal impacts, offering a novel analytical framework and an alternative interpretation of the already known legal issues and developments associated with Chinese-funded infrastructure projects in Sri Lanka.