La Lex Sportiva

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Lex Sportiva: What is Sports Law?

Author : Robert C.R. Siekmann
Publisher : Springer Science & Business Media
ISBN 13 : 9067048291
Total Pages : 402 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Lex Sportiva: What is Sports Law? by : Robert C.R. Siekmann

Download or read book Lex Sportiva: What is Sports Law? written by Robert C.R. Siekmann and published by Springer Science & Business Media. This book was released on 2012-01-19 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The important theme “What is Sports Law?” was the topic of the international Conference on “The Concept of Lex Sportiva Revisited”, which took place in Jakarta in late 2010. Academics and practitioners are still in debate to agree on this concept as is evident in this book. This book not only contains the worked out contributions of this Conference, but also other related chapters on the subject. It produces a reassessment of the content of Sports Law and its terminology keeping a close eye on the current literature. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Robert Siekmann, Dr. Janwillem Soek and Marco van der Harst LL.M.

The Legacy of Bosman

Author : Antoine Duval
Publisher : Springer
ISBN 13 : 9462651205
Total Pages : 261 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Legacy of Bosman by : Antoine Duval

Download or read book The Legacy of Bosman written by Antoine Duval and published by Springer. This book was released on 2016-05-25 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 1995, the Court of Justice of the European Union delivered its judgment in its most famous case to date: the Bosman case. Twenty years later, this book explores in detail how this landmark judgment legally and politically transformed the relationship between the European Union and sport. Written by leading academics in the field, the ten contributions in this book reflect on how Bosman fundamentally shaped the application of EU law to sport and its transformative effects on sports governance. The book’s innovative perspectives on the Bosman ruling makes it important reading for scholars, practitioners and policy-makers concerned with EU law and Sports law. With a foreword by Prof. Dr. Carl Otto Lenz, Advocate General at the Court of Justice in the Bosman-case. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence, where he was the conveyor of the Transnational Law Working Group. Prof. dr. Ben Van Rompuy is a senior researcher at the T.M.C. Asser Instituut, where he heads the ASSER International Sports Law Centre, and is Visiting Professor of Competition Policy at the Free University of Brussels (VUB). He holds a Ph.D. in law from the VUB and held visiting scholar positions at Georgetown University and New York University. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy, Dr. Antoine Duval and Marco van der Harst LL.M.

Transnational Legality

Author : Thomas Schultz
Publisher : OUP Oxford
ISBN 13 : 0191511277
Total Pages : 218 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Transnational Legality by : Thomas Schultz

Download or read book Transnational Legality written by Thomas Schultz and published by OUP Oxford. This book was released on 2014-01-09 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should we call law when it is not the law of one or several states? Does it actually matter what we call law? How can we take into account the consequences of calling something law when we shape the concept of law in the first place? How does international arbitration help to illustrate the problem? This book is an investigation into stateless law, illustrated by international arbitration regimes. It addresses key philosophical questions posed by international arbitration as a potential path to law beyond the state. It ascertains which dimensions of transnational legality arbitral regimes conform to, and what consequences follow from it. The argument of this book is firmly rooted in contemporary legal positivism and is attentive to current debates regarding the rule of law to ponder legality without territory. A theory is suggested regarding the minimal conditions that transnational regimes must fulfil in order to legitimately and appropriately count as law. The theory is tested on various arbitral regimes. The book thus offers reflections on the extent to which legality and the rule of law can serve as a moral and political benchmark for transnational regimes, to assess the political morality of arbitration's current autonomy from states and what arbitration's claim for an increase in that autonomy implies.

The Oxford Handbook of Transnational Law

Author : Peer Zumbansen
Publisher : Oxford University Press
ISBN 13 : 0197547435
Total Pages : 1246 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021-04-30 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.

Research Handbook on EU Sports Law and Policy

Author : Jack Anderson
Publisher : Edward Elgar Publishing
ISBN 13 : 1784719501
Total Pages : 487 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on EU Sports Law and Policy by : Jack Anderson

Download or read book Research Handbook on EU Sports Law and Policy written by Jack Anderson and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU’s influence on sport has traditionally focused on the socio-economic and cultural impact. This Research Handbook on EU Sports Law explores the development of the 'European dimension' in sport, and the concomitant legal issues including, competition law, state aid and free movement of persons. The application of such areas of EU law to sport and the influence of EU law on key policy issues such as, doping, match-fixing and governance, are detailed in this comprehensive collection. The topical chapters by experts in their field, also touch upon the future evolution of EU sports law.

The Court of Arbitration for Sport and Its Jurisprudence

Author : Johan Lindholm
Publisher : Springer
ISBN 13 : 9462652856
Total Pages : 353 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Court of Arbitration for Sport and Its Jurisprudence by : Johan Lindholm

Download or read book The Court of Arbitration for Sport and Its Jurisprudence written by Johan Lindholm and published by Springer. This book was released on 2019-03-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Theory of Obligations in International Law

Author : Cezary Mik
Publisher : Taylor & Francis
ISBN 13 : 1040020909
Total Pages : 622 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Theory of Obligations in International Law by : Cezary Mik

Download or read book Theory of Obligations in International Law written by Cezary Mik and published by Taylor & Francis. This book was released on 2024-05-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.

Comparative Elite Sport Development

Author : Jonathan Grix
Publisher : Taylor & Francis
ISBN 13 : 1040119964
Total Pages : 355 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Comparative Elite Sport Development by : Jonathan Grix

Download or read book Comparative Elite Sport Development written by Jonathan Grix and published by Taylor & Francis. This book was released on 2024-10-31 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a fully revised, extended and updated new edition, this is the only book to offer a comparative overview of the development of elite sport systems around the world. The book examines sport policies and programmes in 20 developed and developing countries that have achieved international sporting success, including the United States, the United Kingdom, China, Japan, Brazil, Russia, Australia, and South Korea, helping the reader to understand the factors behind that success. For each country, it sets out the historical and political context in which elite sport has developed, before explaining the country-specific structures of elite sport and the investment that each country has made in elite sport development. The book also considers how countries have used the hosting of mega-events as sport policy tools, and how factors such as geo-politics, states’ governance and political ideology, and levels of economic development, all have influence on national sport policy. Introducing the foundational concepts and principles of elite sport policy and development, and showing how those policies shape global sport, this book is fascinating reading for all students, researchers, policymakers and practitioners working in sport development, sport policy, sport management, event management, public policy, and political science.

The Many Lives of Transnational Law

Author : Peer Zumbansen
Publisher : Cambridge University Press
ISBN 13 : 1108490263
Total Pages : 539 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Many Lives of Transnational Law by : Peer Zumbansen

Download or read book The Many Lives of Transnational Law written by Peer Zumbansen and published by Cambridge University Press. This book was released on 2020-04-02 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.

Sporting Nationality in the Context of European Union Law

Author : Jan Exner
Publisher : Springer
ISBN 13 : 3030108074
Total Pages : 107 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Sporting Nationality in the Context of European Union Law by : Jan Exner

Download or read book Sporting Nationality in the Context of European Union Law written by Jan Exner and published by Springer. This book was released on 2019-01-29 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book strikes a balance between international sporting governing bodies’ interests and values enshrined in rules regarding sporting nationality on one hand, and athletes’ rights under EU law on the other. It argues that some rules governing athletes’ eligibility in national teams in their current form, notably certain waiting periods, quotas for naturalised athletes or athletes having previously played for another country, and rules prohibiting the change of sporting nationality, constitute a disproportionate restriction on athletes’ rights under EU citizenship, free movement of persons, competition law or fundamental rights. Accordingly, the book subsequently presents concrete recommendations for international sporting governing bodies on how to reconcile their interests and values with the rights that athletes enjoy under EU law. As such, it offers an essential guide for these bodies and their representatives, as well as for athletes, academics and practitioners in the fields of law and sports.

Sports Law in France

Author : Jean-Michel Marmayou
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403512024
Total Pages : 339 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Sports Law in France by : Jean-Michel Marmayou

Download or read book Sports Law in France written by Jean-Michel Marmayou and published by Kluwer Law International B.V.. This book was released on 2019-04-16 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in France deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self-regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Transconstitutionalism

Author : Marcelo Neves
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251251
Total Pages : 173 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Transconstitutionalism by : Marcelo Neves

Download or read book Transconstitutionalism written by Marcelo Neves and published by Bloomsbury Publishing. This book was released on 2013-05-01 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.

The European Union under Transnational Law

Author : Matej Avbelj
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911510
Total Pages : 187 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The European Union under Transnational Law by : Matej Avbelj

Download or read book The European Union under Transnational Law written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law. This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.

International Judicial Lawmaking

Author : Armin Von Bogdandy
Publisher : Springer Science & Business Media
ISBN 13 : 3642295878
Total Pages : 516 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis International Judicial Lawmaking by : Armin Von Bogdandy

Download or read book International Judicial Lawmaking written by Armin Von Bogdandy and published by Springer Science & Business Media. This book was released on 2012-04-24 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades new international courts have entered the scene of international law and existing institutions have started to play more significant roles. The present volume studies one particular dimension of their increasing practice: international judicial lawmaking. It observes that in a number of fields of international law, judicial institutions have become significant actors and shape the law through adjudication. The contributions in this volume set out to capture this phenomenon in principle, in particular detail, and with regard to a number of individual institutions. Specifically, the volume asks how international judicial lawmaking scores when it comes to democratic legitimation. It formulates this question as part of the broader quest for legitimate global governance and places it within the context of the research project on the exercise of international public authority at the Max Planck Institute for Comparative Public Law and International Law.

Arbitration as Balanced Administration of Justice

Author : Massimo Benedettelli
Publisher : BRILL
ISBN 13 : 9004694919
Total Pages : 521 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Arbitration as Balanced Administration of Justice by : Massimo Benedettelli

Download or read book Arbitration as Balanced Administration of Justice written by Massimo Benedettelli and published by BRILL. This book was released on 2024-08-06 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is adjudication and, like any form of adjudication, it must ensure justice to parties. Justice requires that in settling disputes arbitrators constantly balance the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute from time to time at hand. This book addresses such issues by looking at the different stages of arbitration: from the selection of the arbitral seat to the definition of jurisdictional limits, from the choice of applicable law to the revision of arbitral awards. The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.

Evidence in Anti-Doping at the Intersection of Science & Law

Author : Marjolaine Viret
Publisher : Springer
ISBN 13 : 9462650845
Total Pages : 837 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Evidence in Anti-Doping at the Intersection of Science & Law by : Marjolaine Viret

Download or read book Evidence in Anti-Doping at the Intersection of Science & Law written by Marjolaine Viret and published by Springer. This book was released on 2015-10-31 with total page 837 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Hamburg Lectures on Maritime Affairs 2011-2013

Author : Jürgen Basedow
Publisher : Springer
ISBN 13 : 3642551041
Total Pages : 305 pages
Book Rating : 4.6/5 (425 download)

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Book Synopsis The Hamburg Lectures on Maritime Affairs 2011-2013 by : Jürgen Basedow

Download or read book The Hamburg Lectures on Maritime Affairs 2011-2013 written by Jürgen Basedow and published by Springer. This book was released on 2014-09-29 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007, the International Max Planck Research School for Maritime Affairs together with the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" - giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in this field. The present volume - the third in the series - collects the lectures held between 2011 and 2013 inter alia by Andrew Dickinson, Yvonne Marie Dutton, Bevan Marten, Andreas Maurer, Irini Papanicolopulu, Časlav Pejovic, Juan L. Pulido, Andrés Recalde Castells, Thomas J. Schoenbaum and Rüdiger Wolfrum.