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Global Governance and Its Effects on State and Law


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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Global governance is a threefold issue. It has theoretical, normative, and empirical dimensions. In combination they simultaneously reflect and form a new coordinated system for global policy making. Global governance is both multilayered with regard to the territorial aspect of the power structure and multidimensional with regards to the spheres of governance that it encompasses. Moreover global governance is accomplished through an extended set of actors which includes both bearers of public power (state, sub-state, local, and supranational institutions) and key veto players (see Tsebelis, 2002) with corporate and private background and structure that fulfil public functions or have influence over the public sphere and the public power (NGOs, transnational corporations, global religions, global professional and interest-based networks, different funds, rating agencies, stock and financial exchanges, banks, etc.).

The empirical aspect of global governance consists in the swirl of events that produce the current situation characterised by emerging supranational constitutionalisation with networks, hierarchic pyramids, transversally bordered spaces (see Sassen, 2013, 23), and symmetric or asymmetric chains forming the constitutional geometry of our time. Moreover it is a phenomenon with implications in different spheres of social relations – global, international and domestic, economic, financial, political, cultural, and constitutional.

There are different manifestations of the empirical dimension of global governance. Some of them produce reshaping of the institutional design of the systems or, vice versa, stem out of such remodelled institutional infrastructure. Others have projections in different policy fields. In any case they start to serve as...

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