Sports Law

Beloff, Michael; Kerr, Tim; Demetriou, Marie; Beloff, Rupert

doi:10.5040/9781509909308

Cited by 31 publications

(4 citation statements)

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“…"Applicable regulations" generally refer to the internal regulations of relevant domestic sports associations or international sports federations, including the regulations on doping issues formulated by the International Olympic Committee Medical Committee, and the relevant regulations formulated by the international sports federations. In international arbitration, the "applicable regulations" include conflict of law norms with respect to proximity or the legal system with which the dispute is most closely connected (Beloff et al, 1999). However, there are still some special circumstances.…”

Section: "Applicable Regulations"mentioning

confidence: 99%

Court of Arbitration for Sport: Rules and Issues

Yan¹

2023

JSS

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International sports arbitration is regarded as a special type of international arbitration, which is quite different from international commercial arbitration and inter-state arbitration. Due to the party autonomy, convenience, and professionalism of international sports arbitration, major international sports activities and events generally chose international sports arbitration as the means to resolve disputes. After more than 30 years of development, the international sports arbitration rules, with the promotion of the Court of Arbitration for Sport, have become more developed and mature. In the meantime, however, we need to realize that there are many defects under the existing international sports arbitration system, such as the exclusive jurisdiction of the arbitral tribunal, transparency in the selection of arbitrators, and the application of arbitration rules. China shall think about how it can learn from the existing international sports arbitration system and promote the development of China's sports arbitration institutions and rules.

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Section: "Applicable Regulations"mentioning

confidence: 99%

Court of Arbitration for Sport: Rules and Issues

Yan¹

2023

JSS

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“…Analysis of recent researches and publications. WADA has been in focus of international researchers from the very beginning of its activities [1], covering the essence of the World Anti-Doping Code [2; 3], problems of doping [4; 5]. However, the legal nature of WADA remained partly addressed by L. Cassini [6], so that creates a research gap to be filled in with this paper.…”

Section: Conflict Of Interestmentioning

confidence: 99%

“…The idea of a global organisation was presented at the World Conference on Doping in Sport in Lausanne, February 1999. At its conclusion, representatives of public authorities and sports organizations signed the so-called Lausanne 1 As the considerations in this article are closely related to the issues raised in the publication: Konwencja Antydopingowa Rady Europy oraz Światowy Kodeks Antydopingowy w systemie prawa UE and the issue concerning WADA as an organisation in principle of private law is extremely important, authors directly quote excerpts from the indicated book, see. R. Kopczyk, Konwencja Antydopingowa Rady Europy oraz Światowy Kodeks Antydopingowy w systemie prawa UE, Oficyna Prawnicza, Wrocław 2020.…”

Section: Conflict Of Interestmentioning

confidence: 99%

Правова Природа Всесвітнього Антидопінгового Агентства (ВАДА)

КОПЧИК¹,

Goncharova²

2022

Foreign trade

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Introduction. The task of the World Anti-Doping Agency, which is the most important organisation for combating doping in sports, is to set standards against doping, including legal standards, and to monitor them. At the same time, this is an organisation that has continually stirred up a great deal of controversy in the doctrine of international law regarding its legal nature since its inception. Problem. There’s an obvious research gap in legal nature and specific features of WADA. This paper would address this gap based on the analysis of the specific construction of WADA, as the latter is internationally recognised as an original and unique piece of international legislation that reflects the intentions of the private and public sectors in sports. The aim of this paper to provide a well-founded conclusion on legal nature of WADA. Methods. Doctrinal legal research to evaluate the genesis of academic thinking on the legal nature of WADA, public and private legal entities, empirical research of international legal framework of WADA, methods of analysis to evaluate specific construction of WADA. Results. World Anti-Doping Agency was established in response to a massive increase in doping cases in the world of sports. It is an independent international private law organisation, whose purpose is primarily to harmonise, monitor and update all legally available methods of combating doping. However, as shown at least by the structure of the Agency itself and its influence on the anti-doping policies of individual States and international organisations and sports federations, which after all represent States, it can be considered as an institution of a hybrid form. Conclusion. Due to the special structure and role of WADA, its regulations are formally situated in the realm of private law. But at the same time they are legitimised through provisions of the rank of international law acts, which provide a legal framework for them. Thus, the norms of a public-legal nature concerning doping, anti-doping and disciplinary responsibility for doping are de facto secondary to norms of a private-legal nature. WADA itself can be considered a global model for setting standards for other entities operating in sports.

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“…Studies of law, however, have taken sport quite seriously in their attempts to document and theorize about the place of new legislative frameworks in the sporting world, from the numerous works on corruption (Mason et al, 2006;Masters, 2015;McLaren, 2008McLaren, , 2011, the introduction of policies aimed at governing performance-enhancing drugs (see, for instance, Hartley, 2009;Lewis and Taylor, 2008), and the exceptional legislative powers evoked during large-scale sporting events (see Healey, 2009). Sports law is well-documented as an established field evinced by numerous books on the topic (see Barnes, 1988;Beloff et al, 2012;Gardiner et al, 2012). Yet, these literatures do not focus on patterns and themes of crime, deviance, and the criminal justice system the same way as traditional criminologies understand them.…”

Section: Toward a Critical Criminology Of Sportmentioning

confidence: 99%

“Knuckle-Dragging Thugs”: Civilizing processes and the biosocial revolution in the National Hockey League

Kennedy¹,

Silva

2019

Crime, Media, Culture

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In this article, we advocate for the development of a critical criminology of sport. To this end, we analyze news media coverage of a sample of National Hockey League suspensions to explore how the sporting world disseminates cultural messages about crime and punishment. Our analysis reveals that athlete “offenders” are likened to Lombrosian evolutionary throwbacks whose brutal on-ice violence recalls a less civilized past. Images of blood spilled on the ice and bodies carried away on stretchers shock our sensibilities. We argue that, as the arbiter of supplemental discipline, the National Hockey League regulates the bodies under its control and aims to signify that hockey and its fans are encapsulated in what Elias famously calls civilizing processes rather than mere barbaric sporting games. We situate these findings in the reemergence of a bio(social) criminology and express concerns regarding the spread of this rhetoric.

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Sports Law

Cited by 31 publications

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Court of Arbitration for Sport: Rules and Issues

Court of Arbitration for Sport: Rules and Issues

Правова Природа Всесвітнього Антидопінгового Агентства (ВАДА)

“Knuckle-Dragging Thugs”: Civilizing processes and the biosocial revolution in the National Hockey League

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