to be fully investigated. 3 One area where significant work remains concerns the issue of the legitimacy of the regional courts: What gives them the right to adjudicate? How are they perceived in the communities they are mandated to serve? Are there things the courts can do or are doing to enhance
This series makes available scholarship that helps us to understand the changing balances between centres of power and the territories under their domination. It takes as a starting point the notion that domination is frequently achieved through conquest and coercion, but is rarely maintained exclusively by such means. The empires as well as the composite states of the pre-modern world always depended to some extent on the integration and cooperation of regional elites. The relationship between rulers and elites took shape in the centre as well as in the regions. At the heart of the dynastic state, rulers found themselves surrounded by a variety of state servants, ranging from personal attendants to advisers, priests, administrators and soldiers. How were such staffs recruited, and how did rulers attempt to secure their lasting loyalty? In addition to the social and institutional intricacies of the ruler’s environment, we invite studies about the architectural and cultural make-up, comparing the layout of palaces, rules for access, and the ritual, artistic, as well as scholarly forms underpinning dynastic legitimacy. Going from the centre to the regions, how did armies, administrators, church and religion, law and justice operate? Were such institutions and practices strongly centralized and filled with rulers’ nominees, or closer to regional elites in personnel and mentality? Was the culture of regional elites oriented strongly towards the standards of the centre? Which forms of contact and representation evolved? To what extent, finally, did the population participate in the practices and rituals of rulership?
These themes and questions offer a framework for comparison which this series will pursue, ideally by publishing work that is in itself comparative, but also by publishing studies focusing on a single region while fitting into the general framework. An initial focus on the early modern Eurasian world leaves open extensions in time and space relevant for the theme.
Authors are cordially invited to submit proposals and/ or full manuscripts to either the series editor,
Jeroen Duindam, or the publisher,
Arjan van Dijk at Brill, P.O. Box 9000, 2300 PA Leiden, The Netherlands.
Brill Research Perspectives in International Investment Law and Arbitration provides a systematic review of key topics in this increasingly important area of international law and practice. Foreign investment (particularly FDI) continues to be a catalyst for development. To promote and protect the flow of such investments, countries worldwide have entered into thousands of investment treaties and domestic investment laws, which requires them to protect foreign investment in their territories. These treaties also allow foreign investors to directly sue governments before international arbitration tribunals for treaty violations ranging from old-fashioned “expropriation without compensation” to violations of more modern protections such as the so-called “fair and equitable” standard of treatment. The claims raise a mix of public international law, private and public law, and public policy issues requiring an examination of the legitimacy of a government’s exercise of its core functions including regulatory (involving taxation, health, and environment), administrative, and police powers and the balance of those against foreign investors’ rights under the treaties. This journal addresses these issues and aims to provide an authoritative reference guide for scholars and practitioners.
"International law can only prosper if careful attention is given to all the voices expressing themselves on current legal issues […]. Any striving for hegemony threatens to undermine the legitimacy of international law." - From the Foreword by Christian Tomuschat and Jean-Marc Thouvenin to
The Fundamental Rules of the International Legal Order: Jus Cogens and Obligations Erga Omnes
Merging the journals
Non-State Actors and International Law (ISSN 1567-7125) and
International Law FORUM du droit international (ISSN 1388-9036), the
International Community Law Review (ICLR) addresses all aspects of international law and the international community.
The Journal aims to explore the implications of various traditions of international law, as well as more current perceived hegemonic trends for the idea of an international community. The Journal will also look at the ways and means in which the international community uses and adapts international law to deal with new and emerging challenges. Non-state actors , intergovernmental and non-governmental organisations, individuals, peoples, transnational corporations and civil society as a whole - have changed our outlook on contemporary international law. In addition to States and intergovernmental organizations, they now play an important role. Rather than regional, the focus of
ICLR will be multicultural, including alternative and/or critical approaches, with contributions written by scholars from all parts of the globe.
International Community Law Review, published four times a year, consists of articles, shorter articles/comments, case notes and book reviews.
[German Version] Legitimacy relates to the justification of norms, institutions, legal entitlements, and claims to authority, together with their basis in moral and legal philosophy. With specific reference to the acceptance of authority (Dominion/Rule), M. Weber distinguished sociologically