The Epstein Vortex and Legal Black Holes

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The term “legal black hole” was coined in 2003 by Lord Johan Steyn of the United Kingdom House of Lords in reference to Guantanamo Bay, a legally vacuous place, where neither U.S. laws nor international law applied. Muslim militants, some innocent bystanders, abducted from various countries, were brought there, kept in captivity, and tortured for decades. Some committed suicide, some were later released, though some are still there in detention.

Legal black holes are not just metaphors or analogies referencing celestial black holes in physics. They are as real as their celestial counterparts and share some characteristics, which are examined later in this article. However, there are significant differences between the two. A celestial black hole is a natural phenomenon, while a legal one is artificially created. Lawyers play a vital role in designing such structures, just as they draft confidential arbitration agreements or locate tax loopholes to safeguard assets.

Any place, and it does not have to be an island—although islands are ideal geographical units—where laws are effectively absent, unenforced, or operate in complete darkness is a legal black hole, an opaque structure. In the 21st century, very few places are outside the control of nation-states. Historically, such structures have been synonymous with terra nullius, a place without law. However, they also exist and thrive within modern state jurisdictions.

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