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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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Corporate Human Rights Initiatives – From International Law to Global Governance and Back?

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Abstract

In recent years, promising new legal approaches to tackle the business and human rights nexus evolved within the international law arena. Especially the UN Guiding Principles on Business and Human Rights – the current regulative core within the respective field – took the role of a game changer by introducing new governance approaches into international law discussions. The central element of the changes is a (re-)definition of the corporate sector’s role within the relevant norm-creating and norm-shaping process and the granting of regulative agency to corporations. Results are a large number of corporate driven human rights initiatives. The aim of the paper is to clarify the interdependent linkages between these initiatives and the existing international human rights law framework from a theoretical viewpoint and to outline the specific challenges for the existing international law theory in general.

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