Suchergebnisse

Competitions are held in the new era. His study requires consideration of all issues that may contradict each other and an interdisciplinary approach. This new era in sports regulation creates fertile ground for the creation and development of judicial practice, which can have a wide influence and application. However, significant changes in sports-related legislation are often not recognized. Taking into account their wide consequences, it is necessary that lawyers, lawyers and judges know and carefully take into account changes in sports law. To illustrate these provisions it is worth highlighting several important topics in the field of sports law, which we describe, analyze and explain why each of them deserves a scientific study: The process by which «lex sportiva», a developing body of international sports law, based mainly on private agreements and dispute resolution processes, is created by the Court of Arbitration for Sport and is recognized worldwide, has broad implications for resolving global disputes and establishing international legal norms; Specific sports legislation may foreshadow the development of more general national and international laws and / or broader public policy issues. The aim of the work is a comprehensive study of the theoretical and practical problems of resolving global sports disputes and the creation of an international system for resolving sports disputes, especially in the field of doping, as well as identifying the interaction of national legislation and international agreements in the field of anti-doping policy. Research methods. The study is based on such methodological principles as recognition of the unity of the abstract and concrete, logical and historical, separate and general, empirical and theoretical, as the fundamental basis of the dialectical approach to the knowledge of reality. According to the purpose and objectives of the study, general scientific and special methods of cognition of legal phenomena are used in the work: formally logical, analytical-synthetic, historical, system-structural, comparative legal (comparative), modeling method. The empirical basis of the study is the practice of professional activity of subjects of the sports field and materials of judicial practice. International anti-doping law is the most problematic institution of international sports law. To date, it has many different problems, some of them are easily solved, the other part, most likely, in the near future is unlikely to budge.

Competitions are held in the new era. His study requires consideration of all issues that may contradict each other and an interdisciplinary approach. This new era in sports regulation creates fertile ground for the creation and development of judicial practice, which can have a wide influence and application. However, significant changes in sports-related legislation are often not recognized. Taking into account their wide consequences, it is necessary that lawyers, lawyers and judges know and carefully take into account changes in sports law. To illustrate these provisions it is worth highlighting several important topics in the field of sports law, which we describe, analyze and explain why each of them deserves a scientific study: The process by which «lex sportiva», a developing body of international sports law, based mainly on private agreements and dispute resolution processes, is created by the Court of Arbitration for Sport and is recognized worldwide, has broad implications for resolving global disputes and establishing international legal norms; Specific sports legislation may foreshadow the development of more general national and international laws and / or broader public policy issues. The aim of the work is a comprehensive study of the theoretical and practical problems of resolving global sports disputes and the creation of an international system for resolving sports disputes, especially in the field of doping, as well as identifying the interaction of national legislation and international agreements in the field of anti-doping policy. Research methods. The study is based on such methodological principles as recognition of the unity of the abstract and concrete, logical and historical, separate and general, empirical and theoretical, as the fundamental basis of the dialectical approach to the knowledge of reality. According to the purpose and objectives of the study, general scientific and special methods of cognition of legal phenomena are used in the work: formally logical, analytical-synthetic, historical, system-structural, comparative legal (comparative), modeling method. The empirical basis of the study is the practice of professional activity of subjects of the sports field and materials of judicial practice. International anti-doping law is the most problematic institution of international sports law. To date, it has many different problems, some of them are easily solved, the other part, most likely, in the near future is unlikely to budge.

International sports law is more than a static set of rules and principles: it is better described as a process for avoiding and resolving disputes. Recent cases highlight its significance. TheSwiss Equestriancase,1decided by the Swiss Federal Tribunal, demonstrates the efficacy of using this process in cases involving issues of eligibility for competition. By contrast, theReynolds case,2decided by US federal courts, shows the folly of ignoring non-judicial remedies prescribed by international sports law. As a result,Reynoldsbecame a sort of Dickensian struggle involving three years of litigation and some nine decisions before the case was finally dismissed. The courts could have, and should have, reached the same result by simply enforcing decisions of the appropriate international sports federation and the arbitral tribunal that had upheld the federation's decision. The Harding case,3which was also decided in the United States, demonstrates that adjudication outside the prescribed process of international sports law is fundamentally unstable.

"An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the process and benefits of sport-specific arbitration as compared to litigation. The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel, important national-level bodies including the Canadian, United States and New Zealand Sports Arbitration bodies and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the 'juridification' of sports. Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation"--

Now that sport is big business nationally and internationally, it is not surprising that sports disputes – especially commercial ones – are on the increase. So, the question naturally arises, how best to resolve them. By traditional methods - through the courts – or by modern ones, that is, by alternative dispute resolution (ADR)? ADR takes many forms and mediation is proving to be an appropriate and effective way of settling sports disputes of various kinds extra-judicially. Mediation has not escaped the attention of the European Union, which over the years has taken a particular interest in sport as an economic activity, and this article will take a look at the recent EU Directive on Mediation and its application to and likely impact on sports business disputes in particular.

Sport is big business accounting for more than 3 per cent of world trade and 1 per cent of the combined GNP of the 15 member states of the European Union (EU). In the EU alone, some 2 million jobs directly and indirectly related to sport have been created. And in the UK, annual consumer spending on sport has reached a staggering £12 billion. It is not surprising, therefore, with so much money at stake that sports disputes are also on the increase. For example, in the UK some 19 million sports injuries occur each year costing around £500 million in treatment and absence from work. But sports disputes are not confined to personal injuries. They cover a wide range of claims, not least commercial ones relating to, inter alia, sports sponsorship, endorsement, licensing, merchandising, image rights and broadcasting arrangements – a rich seam for sports lawyers to work!

part PART I: OVERVIEW -- chapter 1 An Overview of International Dispute Settlement -- part PART II: NEGOTIATION AND CONSULTATION -- chapter 2 Consultation and Negotiation in the Pacific Settlement of International Disputes -- chapter 3 International Law, Mediation, and Negotiation -- part PART III: GOOD OFFICES AND MEDIATION -- chapter 4 The Good Offices of the United Nations Secretary-General in the Field of Human Rights -- chapter 5 International Mediation–The View from the Vatican: Lessons from Mediating the Beagle Channel Dispute -- part PART IV: INQUIRY AND CONCILIATION -- chapter 6 The Place of Commissions of Inquiry and Conciliation Treaties in the Peaceful Settlement of International Disputes -- chapter 7 Accidents and Crises: The Dogger Bank Affair -- part PART V: ARBITRATION -- chapter 8 States and the Undertaking to Arbitrate -- chapter 9 Retaliation or Arbitration–or Both? The 1978 United States-France Aviation Dispute -- chapter 10 The Nature of the Iran–United States Claims Tribunal and the Evolving Structure of International Dispute Resolution -- chapter 11 Strengthening GATT Procedures for Settling Trade Disputes -- part PART VI: JUDICIAL SETTLEMENT -- chapter 12 Decline of the Optional Clause -- chapter 13 Settlement of Disputes Arising Out of the Law of the Sea Convention -- chapter 14 Invoking International Human Rights Law in Domestic Courts -- chapter 15 The Time Has Come for an International Criminal Court -- chapter 16 The Proliferation of Adjudicatory Bodies: Dangers and Possible Answers -- part PART VII: AGENCIES -- chapter 17 The Place of International Law in the Settlement of Disputes by the Security Council -- part PART VIII: THE FUTURE OF INTERNATIONAL DISPUTE SETTLEMENT -- chapter 18 Legalized Dispute Resolution: Interstate and Transnational -- chapter 19 Alternative Dispute Resolution under International Law.