Rights Beyond Borders

Abstract

In the United States and elsewhere, courts are confronting questions about where, and to whom, domestic rights extend. The resulting jurisprudence has sharpened the focus on who can assert claims based on a country's domestic rights provisions, and why. Despite this judicial attention, the question of whether a country's domestic rights regime constrains government action beyond national borders has largely escaped comparative scholarly analysis. This is so even though any inquiry into extraterritorial rights is outward-facing by its nature, and thus invites comparative inquiry.