Keitner on Rights Beyond Borders

Chimene Keitner has posted a draft to SSRN titled, "Rights Beyond Borders." Here is the abstract:

Burgeoning scholarly interest in comparative constitutional
law, transnational criminal law, and national security law has
generated surprisingly little synthesis among these fields. The central
question of whether, and when, a country’s domestic rights regime
constrains government action beyond national borders has largely
escaped comparative analysis. This Article addresses this gap by
developing a conceptual framework for thinking about the
extraterritorial application of domestic rights guarantees, with a focus
on cases arising from the detention and interrogation of terrorism
suspects. Part I identifies three modes of reasoning about rights
beyond borders, which I label constitution as compact, constitution as
conscience, and constitution as code. Compact-based reasoning
focuses on the entitlement of a given individual to assert rights against
the government based on his or her personal status and/or territorial
presence. Conscience-based reasoning focuses the government’s
mandate to act solely in accordance with a defined set of national
values in all locations and circumstances. Code-based reasoning takes
a strictly territorial approach to restrictions on government action
outside the national territory, even vis-à-vis citizens. Part II examines
the evolving jurisprudence of extraterritorial rights in three
jurisdictions in light of these models: the United States under the U.S.
Constitution, Canada under the Canadian Charter of Rights and
Freedoms, and the United Kingdom under the U.K. Human Rights
Act. These three characterizations of ways of thinking about the
extraterritorial application of domestic rights regimes (compact,
conscience, and code) can provide a convenient vocabulary for
describing how domestic courts reason about specific challenges to
government action beyond national borders. They can also help us
think more systematically about how courts and other actors should
reason about rights beyond borders, as governments bring their
coercive power to bear on individuals in a variety of extraterritorial
circumstances.

Here's the cite:
http://ssrn.com/abstract=1480886