Privatized Sovereign Performance: Regulating in the Gap between Security and Rights?

23 Pages Posted: 28 Feb 2011

See all articles by Fiona de Londras

Fiona de Londras

Birmingham Law School, University of Birmingham, UK

Date Written: February 22, 2011

Abstract

This article explores what I term privatized sovereign performance: the private operationalization of functions that are intimately connected with the sovereign identity of the state. It is considered in the context of corporate involvement in extraordinary rendition in order to outline the rights-related difficulties it creates or exacerbates, and explore the ways in which transnational private regulatory mechanisms have a role to play in crafting a rights-based response. It argues that the public is saturated in rights-based regulation which pushes a state that wants to conceal its torturous activity into the private; that the conventional private regulatory mechanism of litigation faces significant obstacles and is ineffective in this circumstance; and that transnational private regulation holds potential to align the structural and legal obstructions to torture between the public and private sphere, thus making the escape hatch from rights seemingly presented by the privatization of sovereign performance more difficult to access.

Suggested Citation

de Londras, Fiona, Privatized Sovereign Performance: Regulating in the Gap between Security and Rights? (February 22, 2011). Journal of Law and Society, Vol. 38, Issue 1, pp. 96-118, 2011. Available at SSRN: https://ssrn.com/abstract=1772397 or http://dx.doi.org/10.1111/j.1467-6478.2011.00536.x

Fiona De Londras (Contact Author)

Birmingham Law School, University of Birmingham, UK ( email )

Edgbaston
Birmingham, AL B15 2TT
United Kingdom

HOME PAGE: http://www.birmingham.ac.uk/schools/law/staff/profile.aspx?ReferenceId=99740

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