Seeing the Whole Elephant: A Comprehensive Framework for Analyzing Resource-for-Infrastructure Contracts as Intended by the Parties

Abstract

The current state of scientific knowledge on resource-for-infrastructure (R4I) contracting is unclear and based on inadequate empirical grounds. As a result, it is not easy to tell a R4I contract apart from other forms of international business transactions, let alone describe it in a comprehensive, accurate and meaningful way. Such state of affairs is concerning given the dramatic transformative impact of R4I contracts. This article sheds light on R4I contracts and proposes a broad framework for analyzing these multibillion dollar deals. It looks to the contracting parties’ intentions – as expressly set out in the texts of contractual and official documents – as the decisive element in getting the big and full picture of a new kind of deals that has been responsible for tremendous infrastructural development on the African continent.