Sport and Law (original) (raw)
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International Sports Law Journal, 2017
Contracts involving sports matters, such as the participation of an athlete in an international sports competition, would normally have a clause submitting disputes to arbitration under the rules of the Court of Arbitration for Sports. As a result, in international sports disputes, the subject matter of disputes has been predominantly decided by a private tribunal. In making such decisions, the Court of Arbitration of Sports has been interpreting and applying the rules established by sports governing bodies. Consequently, in its 30 years of existence, the Court of Arbitration for Sports has produced a rich jurisprudence regarding sports disputes. Such body of case law, combined with the rules of the sports governing bodies, has created what today is called a lex sportiva. Hence, this paper aims at analysing the concept of the lex sportiva to trace a parallel to its closest source of transnational law, the lex mercatoria. From that, following the principle of party autonomy, it will be argued if lex sportiva is already the governing law in some sports-related contracts or if it is desirable, whether lex sportiva can become the governing law to a contract in the same manner that today lex mercatoria can be the parties’ choice of law in a contract.
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Retos, 2021
Sports law is a relatively new phenomenon for jurisprudence in Ukraine. At present, there is no developed theoretical basis for responsibility in the field of sports in the domestic legal science. This publication is a study of world and national experience in solving this problem and is intended to be a source of further research in the field of sports law. The purpose of the study is to analyze the state of legal regulation of liability in the field of sports. The object of the study is the social relations that have developed in the field of sports law. The subject of the study is the public relations that have developed in the field of sports law in relation to legal and sports-competitive liability. Philosophical, general scientific and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods acted as research methods. As a result of the work, the general features of legal regulation of sports sanctions in foreign countrie...
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SPORTS IN THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS
Espaço Juridico Journal of Law [EJJL]; Vol 20 No 2 , 2019
Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe. Recently, the European Court of Human Rights has developed its case-law concerning sport-related issues, such as football supporters related violence and prevention of events of hooliganism, anti-doping related issues or fairness of proceedings before The Court of Arbitration for Sport (CAS) in Lausanne or the protection of professional athletes' rights in the context of anti-doping requirements. The article focuses on the ECtHR case-law relating to sport within the meaning of the right to life (art. 2 of the ECHR), prohibition of torture of inhuman or degrading treatment or punishment (art. 3 of the ECHR), right to liberty and security (art.5 of the ECHR), right to a fair trial (art.6 of the ECHR) or right to protection of private and family life (art.8 of the ECHR). Keywords: European Court of Human Rights. European Convention on Human Rights. Professional sport. Right to protection of private and family life. Court of Arbitration for Sport. Resumo: O esporte tem sido objeto de interesse do direito internacional em várias ocasiões. Também tem sido um ponto de interesse da proteção regional dos direitos humanos, por exemplo, dentro do sistema jurídico do Conselho da Europa. Recentemente, o Tribunal Europeu dos Direitos Humanos desenvolveu sua jurisprudência sobre questões relacionadas ao esporte, como a violência relacionada aos torcedores de futebol e a prevenção de eventos de vandalismo, questões relacionadas ao antidoping ou a imparcialidade dos procedimentos perante o Tribunal de Arbitragem do Esporte (CAS) em Lausanne ou a proteção dos direitos dos atletas profissionais no contexto de requisitos antidopagem. O artigo tem como objetivo a análise da jurisprudência da CEDH relativa ao esporte na acepção do direito à vida (art. 2 da CEDH), da proibição de tortura a tratamentos ou penas desumanos ou degradantes (art. 3 da CEDH), do direito à liberdade e à segurança (art.5 da CEDH), direito a um julgamento justo/ a um processo equitativo (art.6 da CEDH) e o direito ao respeito pela vida privada e familiar (art.8 da CEDH).
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LAW OF SPORT AND ATHLETE FOOTBALL PROFESSIONAL
ABSTRAK Kemakmuran atlet sepak bola professional atau karyawan, adalah hak setiap karyawan. Merupakan tanggung jawab organisasi profesional sepak bola untuk bekerja dengan menjamin kesehatan dan keselamatan. Organisasi profesional sepak bola memiliki tanggung jawab penuh dalam hal ini. Melalui penelitian hukum normatif, hasil yang diperoleh disana adalah tidak ada korelasi antara hukum positif di Negara Kesatuan Republik Indonesia dan undang-undang yang dibuat oleh FIFA. Organisasi klub sepak bola profesional tidak benar-benar dijalankan dalam Undang-Undang Nomor 13 tahun 2003, Pasal 87 pada tenaga kerja dimana setiap perusahaan harus menerapkan kesehatan dan keselamatan sistem manajemen terintegrasi dan sistem manajemen kesehatan. Oleh karena itu diperlukan aturan hukum yang selaras dengan peraturan yang dibuat oleh FIFA, PSSI dihormati untuk peraturan di Indonesia yang berhubungan dengan olahraga yang melakukan tidak ada kontradiksi sebelum diterbitkan undang-undang organisasi, sehingga acara pengunduran diri atlet profesional sepak bola di masa depan, harus memperhitungkan isi dari kontrak mereka Kata Kunci: sepakbola, FIFA, PSSI, atlet. ABSTRACT Prosperity of athlete football professional or employees is the right of every employees. The responsibility of the organization of professional football clubs to occupational with their health and safety. Organization of professional football clubs have full responsibility in this regard. With normative legal research. The result obtained there is no correlation between positive of law in Unity State Republic of Indonesia and the statuten made by FIFA. Organization of professional football clubs have not been absolutly run in Law of Republic of Indonesia No. 13 of 2003, Article 87 on labour in which every company must implement a health and safety of management system integrated working with the health management system. As a suggestion, require the rule of law which is in sync with the regulations made by FIFA, PSSI respected to the regulations in Indonesia related to sports that do not event of contradiction before publish the statuten of the organization so that no event of resignation athlete professional football in the future, they shall take into account the contennt of their contract, the public take an active role in infraction notice made by PSSI or other organizations professional football clubs on the regulation of professional football athlete contract that have been made, and the researchers of science of law are examining the country's sovereignty and the sovereignty of FIFA.
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The Problematics of Sports Law in Latvia: Civil and Criminal Law Statutory Acts Perspective
SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference
The article shall be devoted to the problematics of Sports law in Latvia. Mainly authors shall be determining through the prism of civil and criminal law how does Sports law in Latvia looks like today, how it manifests itself and at what stage of development it allocates itself. The following chapters shall be observed:1) Introduction: the origin of Sports Law in Latvia, 2) Sports Law through the prism of civil law; 3) Sports Law through the prism of criminal law; 4) Conclusions. The main problematics in question is whether there exists sports law in Latvia and what are the controversial issues in the national legislation regarding sports. The article is based on the analysis of legislature and relevant documents.
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To the Peculiarities of Legal and Non-Legal Regulation of Social Relations in the Field of Sport
Retos, 2020
Sport is a unique area of social relations, which is officially autonomous and ruled not only and not so much by national law, but to a greater extent – by the rules of sports organizations. Due to the fact that sport has an autonomous character, which, in particular, is characterized by the presence of various regulatory sources that comprehensively affect the relevant social relations, the concept of a unique "sports legal order" is now beginning to take shape. The study aims to analyze social relations in the field of sport and the peculiarities of their regulation. Moreover, the research methodology includes a set of methods of scientific cognition, among which are the methods of analysis, synthesis, induction, deduction, formal-logical method, historical method and comparative legal method. Regulation of relations in the field of sports is significantly different from the regulation of other social relations. The presence of such features gives grounds for sports offi...
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