Suchergebnisse

Die Athleten unterwerfen sich unfreiwillig dem Berufungsverfahren vor dem Court of Arbitration for Sport (CAS) und stehen vor dem CAS mächtigen internationalen Sportverbänden gegenüber. Hieraus ergibt sich die Frage: Ist der CAS zur Einhaltung der fair trial-Anforderungen gemäß Art. 6 der Europäischen Menschenrechtskonvention (EMRK) verpflichtet und hält er diese tatsächlich ein? Der Autor gibt eine kritisch-konstruktive Antwort, die die besondere Schutzbedürftigkeit der Athleten und die erforderliche internationale Einheitlichkeit sportrechtlicher Entscheidungen in den Fokus rückt. Unter der besonderen Perspektive des Art. 6 EMRK analysiert er Aufbau, Zusammensetzung und Organisation des CAS sowie der CAS-Schiedsgerichte und untersucht die Einhaltung der Unabhängigkeit, der Unparteilichkeit, des Öffentlichkeitsgrundsatzes sowie weiterer Verfahrensgarantien. Auf Grundlage dieser Analyse schließt er mit einem konstruktiven Eigenvorschlag für eine neue CAS-Verfahrensordnung.

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.

AbstractEntities seeking to establish statehood have used participation in sport to bolster their claims. Kosovo is the latest entity to use this strategy. Kosovo's quest to join the Union of European Football Associations led to a 2017 Court of Arbitration for Sport decision examining whether Kosovo was sufficiently an "independent state." This article considers how participation in sport plays a role in establishing a broader, contextual conceptualization of statehood. This article then applies this concept to case studies, with particular attention paid to Kosovo. Finally, the article examines sport's gradual acceptance that it must work within the broader international political and legal world.

Diplomatic and consular intercourse and privileges — Right of other persons to privileges and immunities — Officials of international tribunals — Member of international bureau of Permanent Court of Arbitration — Exemption from municipal taxation — Scope of exemption — Whether exempt income may be taken into account in assessing rate of taxation on other sources of income — The law of the NetherlandsTreaties — Conclusion and operation of — Constitutional limitations — Netherlands Constitution, Article 66 — Judicial review of municipal legislation for compatibility with international law — Whether limited to self-executing provisions of treaties — The law of the NetherlandsInternational law in general — Relation to municipal law — Judicial review of municipal legislation — Power of municipal courts to review legislation for compatibility with international law Whether confined to determining compatibility with treaty provisions — Netherlands Constitution, Article 66 — International officials — Taxation — Whether rule of customary law forbidding taxation of salary received from Permanent Court of Arbitration — The law of the Netherlands

This book presents an interdisciplinary approach to examining gender-related sports dispute resolution by the Court of Arbitration. Identifying complexities around gender, gender binaries, and the ways in which intersecting identities complicate resolutions, the author demonstrate how athletes' rights are threatened by a forced arbitration process

Preface -- Contents -- Abbreviations -- Part I General Articles -- 1 Assessing the Usefulness and Legitimacy of CAS -- Abstract -- 1.1 Introduction -- 1.2 The Role of International Federations -- 1.3 The Behaviour of Supporters of the Accused -- 1.4 Future Directions -- 2 The Influence of Common Law Traditions on the Practice and Procedure Before the Court of Arbitration for Sport (CAS) -- Abstract -- 2.1 Introduction -- 2.2 The Origins of Common Law and Its Historical Development -- 2.3 The Modern Influence of Common Law on Legal Thinking and the Principle of Stare Decisis