In this chapter I will focus on rights connected to deportation and extradition, and especially to rendition and non-refoulement, as well as certain other equity considerations that are recognized but are not currently enforced internationally in an effective way. As we gradually incorporate the Magna Carta legacy rights into international law, we will move increasingly toward an international rule of law and toward at least piecemeal cosmopolitanism.

Non-refoulement and habeas corpus are related in an interesting way only hinted at in the previous chapter. Habeas corpus, among other things, protects those who have been imprisoned or otherwise detained from being tortured or abused while in custody. Non-refoulement protects people who are residing in one country from being sent to another country where they will be tortured or abused. There are two principal ways that abuse of those who are under the control of a State takes place: either by secreting someone within the State's own prison or detention system, or by sending the person to another State's prison or detention system. Put in other terms, either a State abuses an individual in terms of basic human rights by dirtying its own hands or it passes the individual to another State known for using its own dirty hands in such abuses. Part of the challenge of this chapter is to explain why it is just as bad normatively whether one causes abuse in one or the other of these two ways.