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Global Governance and Its Effects on State and Law

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Edited By 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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Coverage and Application of the WTO Dispute Settlement Mechanism

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This article discusses issues concerning the coverage and application of the Dispute Settlement Understanding (DSU) under the WTO’s legal framework. Determining the coverage and application of the WTO’s dispute settlement mechanism implies determining the scope of covered agreements, especially their relationship with other sources of law both within and outside the WTO’s framework. The article analyses which law ought to be applied by the WTO’s judicial bodies and respectively which rights can be subject to protection. This issue is associated not only with the scope of the WTO’s global power but also with the WTO’s impact on global governance and globalisation. In addition, it is also important to clarify conditions for the application of special or additional rules and procedures for settlement of disputes provided in covered agreements other than the DSU. A distinction needs to be made between interpreting these rules as complementary rules, and interpreting them as replacing and prevailing rules over the DSU’s rules and procedures.

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