Offshoring the War on Terror

Kal Raustiala, DOES THE CONSTITUTION FOLLOW THE FLAG?: THE EVOLUTION OF TERRITORIALITY IN AMERICAN LAW, Oxford University Press, 2009

UCLA School of Law Research Paper No. 09-07

36 Pages Posted: 11 Feb 2009 Last revised: 15 Mar 2009

See all articles by Kal Raustiala

Kal Raustiala

University of California, Los Angeles (UCLA) - School of Law

Date Written: February 9, 2009

Abstract

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

Raustiala, Kal, Offshoring the War on Terror (February 9, 2009). Kal Raustiala, DOES THE CONSTITUTION FOLLOW THE FLAG?: THE EVOLUTION OF TERRITORIALITY IN AMERICAN LAW, Oxford University Press, 2009; UCLA School of Law Research Paper No. 09-07. Available at SSRN: https://ssrn.com/abstract=1339979

Kal Raustiala (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-794-4856 (Phone)

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