Offshoring the War on Terror
Kal Raustiala, DOES THE CONSTITUTION FOLLOW THE FLAG?: THE EVOLUTION OF TERRITORIALITY IN AMERICAN LAW, Oxford University Press, 2009
36 Pages Posted: 11 Feb 2009 Last revised: 15 Mar 2009
Date Written: February 9, 2009
Offshoring is usually thought of in the context of globalization and economic activity. Yet a signal feature of the Bush Administration's "war on terror" was the offshoring of core security functions. The most famous example is the use of Guantanamo Bay as a detention center, but many other examples of extraterritorial activity exist, such as the practice of "extraordinary rendition." This chapter, drawn from a forthcoming book on Oxford University Press titled Does the Constitution Follow the Flag?, charts and analyzes these developments, and associated judicial decisions such as Boumediene v. Bush, with reference to larger trends in American politics and jurisprudence.
Keywords: Guantanamo Bay, offshore prisons, extraterritorial jurisdiction
JEL Classification: N46
Suggested Citation: Suggested Citation