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As proponents of empire knew, if the Constitution indeed followed the flag any American empire was going to remain very small. At stake as well was the self-conception of the nation as a constitutional republic. Was the U. Or did the Constitution provide powerful limits that could not be circumvented simply by re drawing lines on maps and declaring some areas beyond the reach of the Bill of Rights? Does the Constitution Follow the Flag? Do some U.

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If not, do they operate differently beyond American territory? As the election of shows, these debates are not new. But nor are they a musty relic of the imperial past. Today they are central to ongoing battles over the rights of detainees held in Guantanamo and Bagram, as the landmark decision in Boumediene v.

Bush made clear. They are also central to the ability of the federal government to regulate foreign cartels, protect investors, and combat air and water pollution. Each of these issues, in short, raises questions of territoriality and extraterritoriality. The first and most basic aim of my book is to explain why territoriality is a significant concept and why the American legal system, like other legal systems, has traditionally been presumptively territorial. The Westphalian system of sovereignty is fundamentally premised on territoriality. Yet what is less often recognized is the significance of imperialism and territorial expansion, not only to the development of the modern states system but also to the rules and principles of extraterritoriality.

My second aim is to trace, in broad brushstrokes, the evolution of territoriality in American law from the founding era to today. Parts of this fascinating history are well known, such as the extraterritorial application of American antitrust law in the modern era or the infamous decision in Dred Scott. Others, such as the U. Regardless, until now these parts have not been put together and treated as an interconnected, if occasionally wide-ranging, narrative. My third aim is to advance several more specific claims about this legal evolution.

Also known as the Persian Gulf, this body of water was very important to the traders of the Ancient Era.

Although it was once a river connected to the Tigris and Euphrates, over a period of 15, years the Arabian Gulf gradually widened and deepened until it reached its current size. Melting polar ice caps at the end of the last Ice Age caused flooding that filled the Gulf. By BCE, it was being used by early traders. The Arabian Gulf was relatively easy to sail without using the monsoon winds, and to navigate without knowledge of the stars. Merchants could travel the Gulf's waters in small boats simply by staying near the coast and always keeping land in sight.

This way, sailors could not get lost as would sometimes happen in open seas. They could also stop to pick up supplies or trade with the many settlements along the shores of the Gulf. As a result of its location and relatively calm waters, the Arabian Gulf has been a crucial part of the world's trading network since the very beginning of commerce and urban civilization.

At the entry to the Arabian Persian Gulf, a narrow outlet only 48 kilometers 30 miles wide leads to the Gulf of Oman and the Arabian Sea. Known as the Strait of Hormuz, it has an even narrower channel near the middle through which deep-water ships can pass. To its north, the Arabian Persian Gulf extends northwest about kilometers to the Shatt al Arab, a river formed where the Tigris and Euphrates Rivers join together. About 20, years ago or more, when human beings migrated across the southern coast of the Arabian Peninsula into Southwest Asia, the Arabian Persian Gulf was not a sea.

It was instead a shallow river valley almost 1, kilometers long. The ancient Tigris-Euphrates River flowed through the valley as one river.

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When sea levels rose as a result of melting polar ice caps at the end of the last Ice Age, the valley began to change into a shallow gulf. The Strait of Hormuz is now the only outlet for the salty water of the gulf to be gradually replaced by Indian Ocean water. By that time, people had settled along the shores of the gulf, establishing societies that traded the wealth of its waters and the surrounding land with those on the shores beyond the Strait of Hormuz.

Magan, located in what today is known as Oman, is the ancient name for a region linked by trade with Mesopotamia and the Indus Valley. Sumerian and Akkadian texts from around BCE mention trade by sea with Magan, which was especially rich in timber, copper, and the stone diorite. All of these materials were very important for building, art, and making everyday utensils such as pots, and were highly sought after by the rich and powerful kings of Mesopotamia. The image below shows the site of an ancient Magan copper mine.

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Magan was also an important trading stop on the way from Mesopotamia to Meluhha, or the Indus Valley. Ships from Magan, Meluhha, and the port of Dilmun carried items like wood, copper, carnelian, onions, and spices, trading them for Mesopotamian products such as wool, grain, paint, leather, and oil. From roughly BCE Magan was a very prosperous region, connected with and important to the other major civilizations of the period.

Metals such as copper were very important to ancient civilizations, allowing them to make tools, weapons, utensils, sculptures, and jewelry. Copper was widely used in cities in ancient Mesopotamia and Iran, where craftsmen mixed it with other materials such as arsenic, which made it harder and more durable. As early as around BCE, archeological evidence shows that these regions began to import their copper from Oman, which had large natural deposits of the metal.

Ancient texts from Sumer in Southern Mesopotamia mention Magan, which most historians believe to be the ancient name of Oman, as a major source of copper. Bahrain, called Dilmun in Mesopotamian texts, served as the main port through which Omani copper was traded. The image is an infrared picture of the land surface in the southern part of Oman on the Arabian Peninsula. The purple, green and magenta colors are added by computer to make it easier to see what the image reveals.

The magenta area shows huge sand dunes. The green areas are limestone rock on the surface. The white stripe is a dry stream bed. Near the center of the image is a place archaeologists and historians have been seeking for many years - a lost caravan city called Ubar. The satellite imaging helped locate a likely site for the city because the infrared image detected ancient caravan routes made by the movement of hundreds or even thousands of camels and people at a time, traveling in caravans over hundreds of years.

The caravans wore tracks in the desert, just as feet in a busy building wear tracks in the carpet.

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The site was found where several routes all came together. Scientists believe this is where the city must have been.

A team of archaeologists used the Global Positioning System to find the spot in the desert of Oman matching the satellite imaging. Around the site they found pieces of pottery and some other artifacts. The main finds at the site, however, were the remains of walls and towers from a large fortress. The walls had partly collapsed into a deep hole, which can be seen in the aerial image taken of the site.

The blue lines are reconstructions of the ancient walls.


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What destroyed the city? The area had many limestone deposits, which the builders of the ancient city had used for the walls and towers. The caravan city had a good supply of water under it, with wells, fruit trees and gardens. Limestone formations often hold underground springs and reservoirs.

Water seeps underground over millennia, dissolving the limestone and forming caverns. The danger of living on limestone formations, however, is collapse. These limestone formations form sinkholes that swallow whatever is above them. The archaeologists found the collapsed walls in the depression formed by the sinkhole, which must have been deeper long ago.

With the sudden collapse of the city, it would have been abandoned by anyone surviving such a catastrophe. Ubar is a site that historians believe may be a city mentioned in the scriptures, or holy book of Islam, the Qur'an. It was described there as a wealthy city with towers, but one that became a ruin and was lost. Ubar's wealth came from its position on the incense trade routes, not far from what was then a large area where frankincense trees produced their fragrant, dried sap.

This incense was prized in India, in the Mediterranean region, and in east Africa for its wonderful smell.