Under public international law, a State has a right to exercise jurisdiction. States are expected to show restraint when attempting to regulate a situation with foreign elements. The research outlines territory- and personality-based permissive principles of jurisdiction. EU data protection provisions that lend themselves to extraterritorial application fall into the subjective territoriality, objective territoriality, passive personality, effects doctrine and potentially protective principles of jurisdiction. The provisions do not come under any one of these principles, but rather an interpretation of several of them. The applicable law articles in the General Data Protection Regulation could most plausibly constitute the objective territoriality (where an act is terminated) and passive personality (the nationality of a victim) principles. Whilst there appears to be a shift from territory to personality, for example, by referring to data processing in the context of activities ‘in the Union’ or individuals ‘subject to the jurisdiction of’ rather than data processing in the context of the activities ‘on the territory of a Member State’ or ‘in the territory of’ each state party’, to justify the exercise of jurisdiction, territory is still necessary to trigger the application of jurisdiction in the online sphere.

Solomon Islands has often been seen as exemplifying wider concerns regarding customary land tenure, economic development and political instability in the southwest Pacific. Locals express concern regarding inequality in land control at multiple scales, while aid donors urge people to register land as a means to increase legal certainty, build peace and render land more ’marketable’. This chapter situates debates about land in Solomon Islands within wider global debates regarding customary tenure, gender inequality and state regulation. It highlights a long-standing divide in feminist debates, between those who perceive land tenure in terms of a hierarchically ordered and gendered ‘bundle of rights’, and those who perceive land as subject to fluid, negotiable claims. Drawing insights from legal geography, political ecology and feminist scholarship on legal pluralism, it suggests that a focus on the ways in which ‘access’ to resources is transformed into state-sanctioned ‘property’ recognises that property is negotiable while also highlighting factors that contribute to inequality. This approach also directs attention to the role of scholars in the formation of property.

The absence and presence of state law was central to the ways in which the colonial project was conceived, enacted and legitimated in the southwest Pacific, and this chapter traces the key ways in which questions of land, property and territory were contested across the British Solomon Islands Protectorate. It demonstrates first, that property disputes formed part of a suite of territorialising projects in which a range of actors competed to delimit and assert control over a geographic area and in so doing, constitute their political authority. Second, territorial struggles generated present legal pluralities in which claims to land are legitimated not only by reference to kastom and the state, but also Christianity. Third, the chapter demonstrates that people were very differently positioned to navigate the new social worlds established by the colonial administration and churches. From the outset of the colonial period, the language of state law and the practices of British administrators tended to consolidate particular idealisations of masculine authority, enabling a small number of men to extend their authority while remaining largely inaccessible to the majority of the population.

Solomon Islanders often refer to the idea that women may not, cannot and do not speak about land matters, and it is clear that the recursive constitution of property and authority not only sediments land control, but state norms and institutions, as (hyper)masculine domains. Yet it is equally clear that women do ‘speak’, and this chapter focuses on collaborative efforts to disrupt dominant understandings of property, territory and political authority and assert more expansive practices. This chapter argues that first, an analytical emphasis on state-sanctioned property reinforces the dominant portrayal of gender relations in the region, according to which women are silenced and victims of their culture and religion, and reproduces material inequalities. Second, the political strategies actually used by women, which appear to resonate elsewhere in the region, suggest that custom and Christianity provide greater scope to contest the terms of property, territory and authority than is generally recognised. This has important implications for understanding the ways in which property might be challenged and re-formed.

This chapter extends existing literature on property, political authority and state formation by focusing on the gendered aspects of ethno-territorial conflict. From late 1998, Solomon Islands was plunged into a period of conflict, and by 2003, it was regarded as a ‘failed state’. Militants made territorial claims that were grounded in highly gendered notions of culture and ethnicity, and in the aftermath of the conflict, attention has been devoted to consolidating these distinctions via a new constitution adopting a federal system. While ’the Tension’ has often been interpreted as exposing the fragility of state institutions and the tenacity of custom, this chapter argues that it must be understood as emerging from processes of state formation. These processes are profoundly gendered, and reproduce state norms and institutions as a masculine, even hypermasculine, domain. This is highlighted by the widespread gender-based violence perpetrated by militants during the conflict, which was not merely an effect of territorial claims, but constituted them, with devastating consequences for women, children and men who perceived and sought to express themselves differently.

This chapter considers the following two questions about the future of freezing injunctions. First, what changes should be made to the jurisdictional preconditions of freezing injunctions in order to effectively fulfil the international function of the rules of jurisdiction? Second, by what means and on what basis should we allocate regulatory authority in this field? A ‘bold proposal’ for an international agreement is considered. While that would be the ideal solution in this field, some modest solutions are then proposed. Modest solutions rely on the implementation of changes only at the domestic level. The counter-arguments to the proposals based on functional theories of jurisdiction are also considered. The functional theories are heavily dependent on the principle of territoriality. The role of the doctrine of forum non conveniens is discussed in the context of modest proposals.

The jurisdiction of arbitral tribunals to entertain sovereign bond disputes, which is primarily governed by the definition of investment as provided in applicable investment treaties, is the first stage at which such an appropriate balance is to be explored. This study has found that both the inclusion and exclusion of sovereign bonds as a protected investment reflect the policy decisions of contracting parties, and the ‘negotiated restructuring’ exception may embody a possible balance between bondholder protection and respect for negotiated debt restructuring. In the absence of an explicit reference to sovereign bond instruments, interpretative yardsticks, such as contribution, risk and territoriality as identified either in investment treaties or in the ICSID Convention may afford a balanced consideration taking into account of both the modern development of financial markets and policy decisions regarding the extent to which treaty protection should be provided.

We adapt a method from mammalian comparative biology to study spatial cognition in relation to lifestyle. We compare members of the family Pitheciidae (titi monkeys, sakis, bearded sakis, and uakaris) to one another and to two cebid relatives, squirrel monkeys and owl monkeys. We review experimental studies that directly compare titis and squirrel monkeys in spatial tasks and social settings. Titis occupy small, defended home ranges and live in small groups comprising an adult male-female pair and young. In contrast, bearded sakis, uakaris, and squirrel monkeys, occupy large, undefended home ranges, move rapidly, and live in large groups. White-faced sakis illustrate an intermediate condition. Lab studies show that titis and squirrel monkeys differ in their use of visual information in travel tasks and in responsiveness to environmental novelty. Proximate sources of titis’ cautious, sedentary lifestyle include attention to contextual detail, preferences for familiar pathways and areas, behavioral inhibition, parasympathetic dominance, and adult heterosexual attachment bonds. A speculative scenario for the evolution of titis within the Pitheciidae is offered, in which spatial cognition is included as a factor. Further potential applications of this approach within the primate order are considered. We maintain that a holistic, biological, and evolutionary methodology is most likely to elucidate the underpinnings and form of complex cognition.

Millions of Germans helped to transform much of North America during the 19th century, and smaller numbers did similar things across Latin America, in parts of Africa, Asia, Australia, Eastern Europe and especially Imperial Russia. As they did that, they also built and moved across networks of communication, trade, and transportation that expanded over generations. The nodal points in these extra-European networks were often transcultural places filled with varieties of Germans who were frequently being or becoming German plus other things. At the same time, across polycentric German-speaking Europe there were many centers, places of belonging, that often tied together people across vast regions. Many of these centers had a global reach; even when they remained modest in size and can be difficult to find on political maps, they frequently held great significance for people’s mental maps. Often discounted today, it was the notion of a German cultural community, or Kulturgemeinshaft, which recognized commonalities across the many differences that tied these disparate people and their orientations together and provided many with considerable cultural capital as they went abroad.

Legitimation is spatialized, in its invocation and reproduction of hierarchies as well as the claiming of particular domains. This chapter examines two spatialized practices: extensity as the projection of scale and depth, and territoriality as the demarcation of boundaries of inclusion and exclusion. It looks firstly at lateral legitimation across Bagamoyo district in these spatialized forms. While extensity is the predominant dynamic in this field, mimicking the architecture of the Tanzanian state, there are also territorial practices, especially when angled downward to the hallowed ‘community’. Second, the chapter examines NGO extensity at the outreaches of Bagamoyo’s ‘sovereign borders’ in underserved Kibindu, where developmental activity was solicited and there proved considerable ‘space to govern’. In this context, territoriality fell away as a basis for legitimation and instead Bagamoyo’s most extensive NGO served to ‘co-produce’ the state. However, the situation was strongly reversed in urbanizing Kiharaka, wherein NGO territoriality through explicit practices of inclusion and exclusion found traction. In the divergent contexts of Kibindu and Kiharaka, extensity and territoriality therefore proved to be competing forms of spatial power.

This chapter focuses on the city of Harish, a project that various governments have tried to develop over the last forty years. The first attempts included a kibbutz, a Community Settlement and, later, a Suburban Settlement. All were unsuccessful, mainly due to the site’s peripheral location and proximity to the West Bank and other Arab towns. By 2010, the huge demand for new dwelling units, the construction of the Trans-Israel Highway and the recently erected West Bank Separation Barrier all contributed to turning Harish into an attractive piece of real estate. This enabled the Israeli government to designate it as a city with a target population of 60,000. Focusing on the case of Harish, this chapter illustrates the financialization of the national settlement project, explaining how the state apparatus was used to create a real-estate market in a given area to supply the dwelling units that were needed while expanding the national territorial project. Analyzing the urban layout and the housing units in Harish, as well as the everyday life of the families in it, this chapter explains how this future city embodies the privatization of the national settlement project.

This chapter provides a historical and theoretical background to the development of the settlements along the Trans-Israel Highway. It explains the geopolitical role of settlements in Israel/Palestine and how their production has transformed during the last century. It then presents key theories on the welfare nation-state and the global turn toward neoliberalism and the market economy, while explaining the Israeli version of the phenomenon. Illustrating the entangled relations between nationalism, territoriality, and privatization, the chapter presents the complexity of the subject and explains the entangled relations between nationalism, territoriality, and privatization. Offering a general view of the development of the different settlement phenomena along the Green Line and the Trans-Israel Highway, this chapter prepares the reader for those that follow, while explaining what makes this area a privately developed national project.

The Suburban Settlement phenomenon is an integral part of the economic and cultural changes that Israel underwent during the 1970s, including the formation of a local upper-middle class and significant modifications in popular culture. With the liberalization and privatization processes in the Israeli economy, the existing hegemonic cultural elite was able to use its political strength and connections to preserve its status and transform its cultural capital into financial capital, eventually becoming an economic upper-middle class. This process was accompanied by a transition toward a more individualistic and consumerist culture, referred to as the bourgeoisification of Israeli society. Suburban Settlements were larger and more homogeneously planned than Community Settlements. They were usually built by well-connected developers and designated for specific families who were affiliated with leading political parties or key national establishments like the military, defense-affiliated industries and other strategic institutions. This chapter focuses on Kochav Yair, Alfei Menashe, Oranit, and Reut. Analyzing the method of their construction, as well as their urban and architectural characteristics, the chapter illustrates how changes in the settlement development mechanism led to changes in living patterns and transformed the local built environment.