Document Type


Publication Date

Winter 2013

Publication Citation

20 Indiana Journal of Global Legal Studies 3 (2013)


This essay focuses on a range of formal and informal practices that I hypothesize as the making of new types of jurisdictions with variable relations to the traditional jurisdiction of the state over its territory. One effect is to contribute to an emergent misalignment between territory and territoriality. A second effect is to make structural holes in the tissue of national state sovereign territory. Both processes contribute new types of borderings inside national territory. The action is not on interstate borders, but in the interior of the state, which can mean an extension of one state into another's territorial jurisdiction or into the high seas, a zone where no state has exclusive jurisdiction. I also explore whether these formations are hidden from the formal eye of the state by the contractualizing of governmental authority.

Globalization and the Law: The Next Twenty Years. Indiana University Maurer School of Law, Bloomington, Indiana, April 5-6, 2012.