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Global Governance and Its Effects on State and Law


Martin Belov

The sixth volume in the series of the Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook is focused on the effects of globalisation and global governance on state, law and society. It addresses the great structural and systemic changes in the fundamental constitutional and political concepts produced by the above mentioned phenomena. The main issues which are discussed in the book are the crisis of authority, the crisis of territoriality, the shifting constitutional geometry, the constitutional identity, the territorial irresponsibility of capital, the horizontalisation of human rights, the new constitutional and political roles of the transnational corporations and the global religions as well as the influence of the supranational jurisdictions on the supranational and national legal orders.
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Making Sense of a Nonsense: Representation of the “Rights” of Future Generations



The legal conceptualisation of unborn generations and their specific rights raises important theoretical issues, and constitutes a special challenge to jurisprudence in general and legal philosophy in particular. Even the most fundamental and essential questions regarding the legal situation of upcoming generations are not settled yet. Are future generations capable of being holders of rights or not? And if they are, how can we conceptualise their rights? Can we use the conventional modern rights theories, either the “benefit” or “interest,” or the “choice” or “will” theory of rights for that purpose? What does it mean and how is it possible to “represent” the rights or interests of future generations? And so forth. In my paper I will endeavour to address some of these theoretical questions and make an attempt to offer an adequate conceptual framework for their analysis.

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