The features of the implementation of the sports law (Características de la implementación del derecho deportivo) (original) (raw)

Sanctions in Sport: The Relationship Between Legal and Local Regulation (Sanciones en el deporte La relación entre la regulación legal y local )

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...

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...

Leonardo V. P. de Oliveira, ‘Lex Sportiva as the Contractual Governing Law’. (2017) 17(1-2) International Sports Law Journal, 101-116.

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.

Sport and Law

Sport Mont Journal, 2011

This work offers a review of law implementation in sport. It present a number of cases which should be dealt with regarding the established legal regulation for providing with law protection athletes, coaches, sports workers and sports clubs.

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).

Combating Corruption in Sport: Legal Aspect (Lucha contra la corrupción en el deporte: aspecto legal)

Retos, 2021

Globalization processes do not ignore any sphere of human life. They did not miss the field of sports. As a result, the problem of corruption, which used to be unequally prevalent in every national jurisdiction, is beginning to threaten the integrity of sport at the global level. Therefore, legal science has a task to determine the legal algorithms for combating sports corruption both within the country and in the international arena. The study aims to establish legal mechanisms to combat corruption in sports at both national and international levels. The object of research is public relations in the field of sports law. The subject of the study is public relations in the field of sports law, which have developed concerning methods and means of combating sports corruption. The research methods were philosophical, general scientific, and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods. As a result of the work, a descrip...