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In the past decades, scholars and courts have paid considerable attention to the extraterritorial applicability of human rights treaties. By contrast, the extraterritorial application of constitutional rights has received comparable scholarly attention only in the United States. Specifically, there is a paucity of comparative research in this area, which contributes to the prevailing view that human rights law provides the proper framework under which domestic courts should examine extraterritoriality questions under constitutional law.
This article argues that domestic constitutional regimes and their judicial enforcers can and should provide an important counterweight to the deadlocked extraterritoriality debate at the international level. Using two case studies from Germany and the United States, it shows that domestic constitutional courts are sometimes better suited than treaty bodies to guard the normative values of human dignity and universality in an extraterritoriality context. This is most apparent in the case of Germany, which has a long tradition of integration into international multi-level governance systems and "bottom-up" resistance based on fundamental rights within such systems. Recent cases from the Federal Constitutional Court (Bundesverfassungsgericht) about the extraterritorial application of the Basic Law (Grundgesetz) to foreign intelligence gathering and climate change support this theory. However, an independent constitutional approach can also achieve some normative effects in domestic systems that are more isolated from the international human rights system. Thus, the US Supreme Court likewise used domestic constitutional doctrine to sidestep the American government's strictly territorial interpretation of the ICCPR and employ a functional approach to the extraterritorial applicability of fundamental rights in the case of detention of suspected terrorists in the Guantánamo Bay naval base.
The study of these two examples does not purport to be comprehensive or even representative of the world’s diverse array of constitutions and their relationships with international human rights law. However, the independent power of constitutional frameworks in these two disparate cases should all the more provide an impetus for increased comparative research into constitutional extraterritoriality regimes and their value for the project of human rights.
Narcissus and Echo
(2012)
George Eliot’s late novel Daniel Deronda tackles big, fundamental political questions that radiate from the societal circumstances of the novel’s production and reach deep into our present-day life. The novel critically analyses the capitalistic, morally flawed and standard-less English society and narrates the title hero’s proto-Zionist mission to found a Jewish nation that re-establishes history, meaning and ethical values. This study attempts to trace the novel’s two models of society and time by bringing them into resonance with the myth of Narcissus and Echo famously rendered by Ovid. The unloving, self-referential, visual Narcissus is read as the model for the capitalistic world of spectacle and speculation. Echo’s loving, memory-bearing voice forms an important part in the construction of the sublating unity of the Jewish nation-to-come. Guided by this resonance between George Eliot’s novel and Ovid’s myth pieces of critical theory and philosophy are woven into the study’s fabric. The resulting analysis dissects and deconstructs the novel’s fascinating and highly complex patterns of conditions of possibility for the fabrication of the redeeming Jewish nation, the very same conditions that the novel presents as the conditions of possibility for narrating a meaningful story.
Review of Ross Clare: Ancient Greece and Rome in Videogames. Representation, Play, Transmedia
(2023)
During his trip to New Spain in 1803, Alexander von Humboldt visited large tracts of New Spanish territory, which includes modern Mexico and part of the United States. This trip provided the data for his geographical Atlas of the region, as well as information about the ancient Mexican cultures that he would later include in the general Atlas and in other major works, such as Vues des Cordillères. Likewise, Humboldt’s Political Essay on the Kingdom of New Spain displayed a comprehensive physical, natural, economic, and social description of Mexico in the colonial period, which will also be analysed. With these works, Humboldt presented a new geographical and cultural image of New Spain to the European audiences. In addition to this, his work made important contributions to cartographic knowledge.