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FIFA has accepted the jurisdiction of the CAS as from 11 November 2002. This date does not mark the beginning of the arbitration of the CAS in football matters, however it has to be stated, that from this date on football disputes in front of the CAS increased enormously. This book is dedicated to the most important decisions of the CAS in football disputes. These awards are analyzed by experts, practicing all over the world. Most of the authors have been directly involved in the proceedings before the CAS. The commentaries cover a broad spectrum of disputes, inter alia, disputes concerning the contractual stability, protection of young football players, doping, football hooliganism, match fixing, players release, multiple club ownership, player agents and the stays of execution. This book provides a wide range of valuable information and is a useful tool for those whose main concern is professional football, such as sports lawyers, sports managers and sports agents, but also academics and researchers. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.
This book is a comprehensive exploration of the provisions of the Court of Arbitration for Sport (CAS). Providing detailed analysis of the CAS Rules. Each provision is viewed within the larger context of international arbitration, in Switzerland, and procedural solutions are suggested which are transposable to international arbitration generally.--Provided by publisher.
This book takes a close look at the Court of Arbitration for Sport (CAS), challenging existing claims and answering previously unanswered questions, by considering all of its publicly available decisions, both in its entirety as a body of jurisprudence and on a case-by-case level. It also investigates the actors involved in adjudication before the CAS, both the parties that bring disputes before the CAS and the arbitrators that resolve them, and in so doing establish precedents that govern sports generally. While the book relies upon and includes more traditional legal theory and analysis, it combines this with an empirical analysis of a large portion of the CAS's decisions. Hereby it relies upon and relates to the theory of the development of a transnational legal order in sports, the lex sportiva. The publication is targeted at and will benefit those professionally working in or interested in the fields of sports law, arbitration law, transnational law, or empirical legal studies. Johan Lindholm is a Professor of Law at Umeå University in Sweden.
The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and...', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways.
This book is a comprehensive, practice-oriented guide to the evidentiary regime under the 2015 World Anti-Doping Code (WADC) including the functioning of the Athlete Biological Passport. It is the first to show how the interplay between science and law affects the collection and evaluation of evidence in anti-doping, and how paradigm shifts in anti-doping strategies may modify evidentiary assumptions implicit to the WADC regime. Unique in its dealing with the subtleties of anti-doping science and legal implications, the book gives lawyers involved in anti-doping the keys to a better understanding of the science underlying the WADC regime, while providing anti-doping scientists with the first reference material to understand the legal framework in which their activities are embedded. The emphasis of the book is on international doping cases and it relies predominantly on CAS awards published up to Spring 2015. Written by an experienced Swiss lawyer it provides an insight into the Swiss legal system and its importance for the legal practice in doping matters. Marjolaine Viret is an attorney-at-law in Geneva, Switzerland, specialising in sports and health law. She has gained significant experience in sports arbitration as a senior associate in one of Switzerland’s leading law firms. She also holds positions within committees in sport, in particular as a member of the UCI Anti-Doping Commission. Ms Viret had her doctorate on anti-doping approved summa cum laude in 2015. She participates as a researcher in a project for a commentary of the 2015 WADC funded by the National Science Foundation and is regularly invited to lecture or speak in various fields of sports law. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Dave McArdle, Prof. Dr. Ben Van Rompuy and Marco A. van der harst LL.M.
Sport Law: A Managerial Approach, third edition, merges law and sport management in a way that is accessible and straightforward. Its organization continues to revolve around management functions rather than legal theory. Concise explanations, coupled with relevant industry examples and cases, give readers just enough legal doctrine to understand the important concepts that apply to each area. This book will help prepare students as they get ready to assume a broad range of responsibilities in sport, education, or recreation. Whether readers work as coaches or teachers; administer professional programs; manage fitness/health clubs; or assume roles in a high school, college, Olympic, or professional sport organization, legal concerns will inevitably be woven into their managerial concerns. This book provides knowledge of the law that helps create a competitive advantage and build a more efficient and successful operation that better serves the needs of its constituents. Special Features of the Book Managerial context tables. Chapter-opening exhibits act as organizational and study tools identifying managerial contexts in relation to major legal issues, relevant law, and illustrative cases for the chapter. Case opinions, focus cases, and hypothetical cases. Legal opinions--both excerpted (case opinions) and summarized (focus cases)--illustrate relevant legal points and help readers understand the interplay between fact and legal theory. The cases include questions for discussion, and the instructor’s manual provides guidance for the discussion. Hypothetical cases further highlight topics of interest and include discussion questions to facilitate understanding of the material; analysis and possible responses appear at the end of the chapter. Competitive advantage strategies. Highlighted, focused strategies based on discussions in the text help readers understand how to use the law to make sound operational decisions and will assist them in working effectively with legal counsel. Discussion questions, learning activities, and case studies. Thoughtful and thought-provoking questions and activities emphasize important concepts;they help instructors teach and readers review the material. Creative case studies stimulate readers, as future sport or recreation managers, to analyze situations involving a legal issue presented in the chapter. Annotated websites. Each chapter includes a collection of web resources to help readers explore topics further. Accompanying the web addresses are brief descriptions pointing out key links and the sites' benefits. Bookmarking these sites will help readers in future research or throughout their careers.
Sports Law has quickly developed into an accepted area of academic study and practice in the legal profession globally. In Europe and North America, Sports Law has been very much a part of the legal landscape for about four decades, while in more recent times, it has blossomed in other geographic regions, including the Commonwealth Caribbean. This book recognizes the rapid evolution of Sports Law and seeks to embrace its relevance to the region. This book offers guidance, instruction and legal perspectives to students, athletes, those responsible for the administration of sport, the adjudication of sports-related disputes and the representation of athletes in the Caribbean. It addresses numerous important themes from a doctrinal, socio-legal and comparative perspective, including sports governance, sports contracts, intellectual property rights and doping in sport, among other thought-provoking issues which touch and concern sport in the Commonwealth Caribbean. As part of the well-established Routledge Commonwealth Caribbean Law Series, this book adds to the Caribbean-centric jurisprudence that has been a welcome development across the region. With this new book, the authors assimilate the applicable case law and legislation into one location in order to facilitate an easier consumption of the legal scholarship in this increasingly important area of law.
Long established as the market leading textbook on sports law, this much-anticipated new edition offers a comprehensive and authoritative examination of the legal issues surrounding and governing sport internationally. Locating the legal regulation of sport within an explicit socio-economic context, this refocused edition is divided into four core parts: Governance & Sport; Commercial Regulation; Sports Workplace; and Safety in Sport. Recent developments covered in this edition include: EU competition law interaction with sport under arts. 101 and 102 of the Treaty on the Functioning of the European Union; the current World Anti-Doping Agency code; analysis of the recent Court of Arbitration for Sport Jurisprudence; reforms of the transfer system in team sports; anti-discrimination provisions in sport; engagement with match fixing; a focus on the legal context of 2012 London Olympics. Essential reading for students studying sports law or sports-related courses, this textbook will also prove useful to sports law practitioners and sports administrators in need of a clear companion to the field.