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Journal articles on the topic 'Court of arbitration for sport (TAS-CAS)'

Author: Grafiati

Published: 4 June 2021

Last updated: 5 February 2022

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1

Lenskyj, Helen. "Sport exceptionalism and the Court of Arbitration for Sport." Journal of Criminological Research, Policy and Practice 4, no. 1 (2018): 5–17. http://dx.doi.org/10.1108/jcrpp-01-2018-0002.

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Purpose The Court of Arbitration for Sport (CAS), created by the International Olympic Committee (IOC) in 1983, resolves disputes between athletes and national or international sports governing bodies. The purpose of this paper is to critically examine the history and functions of CAS, with a particular focus on the ways in which athletes’ rights are threatened by the IOC’s Code of Sports-Related Arbitration. Design/methodology/approach The author reviews relevant law literature and media sources. Findings The concept of lex sportiva (global sport law), general arbitration practices and contro

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2

Ioannidis, Gregory. "BOA v WADA: Harmonisation v Self-Regulation." Denning Law Journal 24, no. 1 (2012): 179–76. http://dx.doi.org/10.5750/dlj.v24i1.397.

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The area of anti-doping in sport has always been fascinating, exciting, as well as complicated and controversial. The two latter aspects have been entrenched, in case law and statutory law and the highest Court in sport, namely the Court of Arbitration for Sport (CAS), in Lausanne, Switzerland. This court has had the opportunity to develop important principles of sports law. One of these principles is the subject matter of the present case commentary and relates to the principle of self-regulation. In other words, it examines the ability of sporting governing bodies to regulate their sport and

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Diaconu, M., S. Kuwelkar, and A. Kuhn. "The court of arbitration for sport jurisprudence on match-fixing: a legal update." International Sports Law Journal 21, no. 1-2 (2021): 27–46. http://dx.doi.org/10.1007/s40318-021-00181-3.

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AbstractThe Court of Arbitration for Sport (CAS) jurisprudence on manipulation of sports competitions has vastly evolved from its initial award in RSC Anderlecht in 1998, to now Labuts in August 2020. Alongside, international and national regulations, as well as sporting regulations, including, most recently, the Council of Europe’s Macolin Convention on the Manipulation of Sports Competitions, have sought to effectively tackle the omnipresent, ever-growing phenomenon of competition manipulation. Against this backdrop, this article briefly outlines the existing legal landscape on manipulation,

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Đurđević, Nenad. "Slučaj Pechstein – punovažnost odluka arbitražnog suda za sport u Lozani (CAS) i njihovo priznavanje pred nacionalnim sudovima." Zbornik radova Pravnog fakulteta u Splitu 54, no. 2 (2017): 343–59. http://dx.doi.org/10.31141/zrpfs.2017.54.124.343.

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Uporedno-pravna rešenja podstiču arbitražno rešavanje sporova u oblasti sporta, a pravila mnogih međunarodnih sportskih saveza zabranjuju članicama da vode sudske sporove pod pretnjom zabrane nastupa na međunarodnim takmičenjima. Najznačajniji i najpopularniji arbitražni sud za razrešavanje međunarodnih sporova u domenu sporta jeste Arbitražni sud za sport Lozani (The Court of Arbitration for Sport – CAS) sa sedištem u Lozani (Švajcarska). Da bi CAS bio nadležan za rešavanje određenog spora, on mora biti podoban za arbitražu i mora postojati punovažan arbitražni sporazum. Osim toga, za punovaž

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Holzer, Lena. "What Does it Mean to be a Woman in Sports? An Analysis of the Jurisprudence of the Court of Arbitration for Sport." Human Rights Law Review 20, no. 3 (2020): 387–411. http://dx.doi.org/10.1093/hrlr/ngaa020.

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ABSTRACT This article explores the definition of ‘sportswoman’ as put forward in the Caster Semenya case (2019) and the Dutee Chand case (2015) before the Court of Arbitration for Sport (CAS). It analyses the structural and discursive factors that made it possible for the CAS to endorse a definition that reduces sex and gender to a matter concerning testosterone. By relying on the concept of intersectionality and analytical sensibilities from Critical Legal Studies, the article shows that framing the cases as a matter of scientific dispute, instead of as concerning human rights, significantly

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Kee-Young Yeun. "Roles and Problems of the Korea Sports Arbitration Committee (KSAC) comparing with the International Court of Arbitration for Sport (CAS)." Journal of Sports and Entertainment Law 11, no. 1 (2008): 91–127. http://dx.doi.org/10.19051/kasel.2008.11.1.91.

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7

Wekesa, Moni. "The Court of Arbitration for Sport (CAS): its relevance to Kenya after Pechstein?" International Sports Law Journal 18, no. 1-2 (2018): 46–60. http://dx.doi.org/10.1007/s40318-018-0121-3.

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8

Ivy, Veronica, and Aryn Conrad. "Including Trans Women Athletes in Competitive Sport." Philosophical Topics 46, no. 2 (2018): 103–40. http://dx.doi.org/10.5840/philtopics201846215.

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In this paper, we examine the scientific, legal, and ethical foundations for inclusion of transgender women athletes in competitive sport, drawing on IOC principles and relevant Court of Arbitration for Sport decisions. We argue that the inclusion of trans athletes in competition commensurate with their legal gender is the most consistent position with these principles of fair and equitable sport. Biological restrictions, such as endogenous testosterone limits, are not consistent with IOC and CAS principles. We explore the implications for recognizing that endogenous testosterone values are a

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9

손창주. "An Overview for the Court of Arbitration for Sport (CAS) as the Authority to Settle the Sports-related Disputes." JOURNAL OF ARBITRATION STUDIES 28, no. 1 (2018): 43–75. http://dx.doi.org/10.16998/jas.2018.28.1.43.

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10

Vasilyev, Ilia, Sergey Yurlov, and Natalia Kisliakova. "Issues of Using Evidence and the Process of Proof in the Court of Arbitration for Sport (CAS)." Law. Journal of the Higher School of Economics, no. 5 (December 30, 2019): 167–98. http://dx.doi.org/10.17323/2072-8166.2019.5.167.198.

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11

Camporesi, Silvia. "When does an advantage become unfair? Empirical and normative concerns in Semenya’s case." Journal of Medical Ethics 45, no. 11 (2019): 700–704. http://dx.doi.org/10.1136/medethics-2019-105532.

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There is a fundamental tension in many sports: human sex is not binary, but there are only two categories in which people can compete: male and female. Over the past 10 years, the International Association of Athletics Federations (IAAF) regulations have been at the centre of two notable legal disputes. The Court of Arbitration for Sport (CAS) reached two contradictory rulings: in the first case (Dutee Chand vs Athletics Federation India and IAAF), the IAAF regulations for the eligibility of athletes to compete in the female category were suspended (24 July 2015) on grounds of "discrimination

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12

Loland, Sigmund. "Caster Semenya, athlete classification, and fair equality of opportunity in sport." Journal of Medical Ethics 46, no. 9 (2020): 584–90. http://dx.doi.org/10.1136/medethics-2019-105937.

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According to the Differences of Sex Development (DSD) Regulations of the International Association of Athletics Federations (IAAF), Caster Semenya and other athletes with heightened testosterone levels are considered non-eligible for middle distance running races in the women’s class. Based on an analysis of fair equality of opportunity in sport, I take a critical look at the Semenya case and at IAAF’s DSD Regulations. I distinguish between what I call stable and dynamic inequalities between athletes. Stable inequalities are those that athletes cannot impact or control in any significant way s

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Donnellan, Dr Laura. "The Fédération Equestre Internationale Speaks for the Horse Who Has No Voice and the Court of Arbitration for Sport Listened: Equine Welfare and Anti-Doping in Equestrianism." Denning Law Journal 31, no. 1 (2020): 41–76. http://dx.doi.org/10.5750/dlj.v31i1.1792.

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The strict liability standard employed by the Fédération Equestre Internationale (FEI) in equine doping cases has been a source of contention among academics, riders and trainers. The FEI Disciplinary Tribunal and the Court of Arbitration for Sport (CAS) have consistently upheld the standard and no alternative has been considered. At the core of the application of the strict liability standard has been the protection of the equine athlete. With the dual aims of the protection of equine athletes and equality between competitors, the FEI imposes a provisional equine suspension when a horse’s sam

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14

Vetrova, Evgenia G., Raisa I. Khalatova, and Anastasia A. Kashaeva. "Exceptional circumstances beyond International Swimming Federation Doping Control Rules: The Sun Yang case of Court of Arbitration for Sport." Vestnik of Saint Petersburg University. Law 12, no. 1 (2021): 131–43. http://dx.doi.org/10.21638/spbu14.2021.109.

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The authors refer to the exceptional circumstances surrounding Sun Yang’s violation. The athlete intervened in the doping control procedure in several ways. First, he questioned the proper accreditation of the IDTM’s (The company “International Doping Tests and Management”) Samples Collection Personnel, one of which photographed him. This officer was suspended from urine sampling, but there was no longer a male specialist on the IDTM’s Samples Collection Personnel. Therefore, the collection of urine samples did not take place due to the athlete’s actions. A general distrust of IDTM’s Samples C

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15

Zakharova, L. I. "LEX MERCATORIA AND LEX SPORTIVA: PECULIARITIES, SIMILARITIES AND DIFFERENCES." Lex Russica, no. 11 (November 22, 2019): 70–78. http://dx.doi.org/10.17803/1729-5920.2019.156.11.070-078.

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International law rules with regard to the regulation of sports activities at the universal and regional levels developed by states and international intergovernmental organizations have formed a set of norms ensuring international cooperation in the field of sport, namely, international sports law.What is the nature of the set of rules governing cross-border relations in the field of sport? They are mainly the result of rule-making carried out by the International Olympic Committee (the IOC) and the international Olympic Sports Federations. The article analyzes the approaches proposed by West

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16

Jun, Cai, Ilya A. Vasilyev, Margarita P. Izmalkova, Pan Dongmei, and Raisa I. Khalatova. "Problems of Proof in Football Clubs` Disciplinary Liability for Match-Fixing: Practice of the Court of Arbitration for Sport (CAS) (2009-2014)." Journal of Siberian Federal University. Humanities & Social Sciences 12, no. 4 (2019): 343–62. http://dx.doi.org/10.17516/1997-1370-0398.

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17

Jilkine, V. A. "Information Wars and Sanctions of the International Olympic Committee as Means of Political Pressure on the Russian Sport and Public Opinion." Russian Journal of Legal Studies 5, no. 3 (2018): 22–28. http://dx.doi.org/10.17816/rjls18376.

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Combating doping has turned into a subject of harsh political pressure on Russia and the Russian public opinion in the run-up to the presidential elections in Russia in 2018. The Executive Board of the International Olympic Committee has suspended the activities of the Russian Olympic Committee and allowed the Russian athletes to perform in PyeongChang Games-2018 under the Olympic f lag in the status of «Olympic Athletes from Russia». The article considers the violated fundamental principles and norms of the international law and the human rights enshrined by the Universal Declaration of Human

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18

Yong-Sup Kim. "Dispute Resolution and Appeal Process through CAS (Court of Arbitration for Sport) - Including Analysis of Doping Case of German speed skater Claudia Pechstein -." Journal of Sports and Entertainment Law 19, no. 4 (2016): 91–116. http://dx.doi.org/10.19051/kasel.2016.19.4.91.

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19

Cooper, Jonathan. "Testosterone: ‘the Best Discriminating Factor’." Philosophies 4, no. 3 (2019): 36. http://dx.doi.org/10.3390/philosophies4030036.

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In 2011 the IAAF introduced the Hyperandrogenism Regulations in an attempt to deal with a difficult problem; that of ensuring ‘fair’ competition in female athletics as a result of athletes with differences in sexual development competing against women without such conditions. In 2015, following a challenge to those regulations by Indian athlete, Dutee Chand, The Court of Arbitration for Sport (CAS) considered the merit of the regulations and determined that there was insufficient scientific evidence to justify their imposition. The regulations were suspended by the CAS, until more convincing e

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20

Baddeley, Margareta. "The extraordinary autonomy of sports bodies under Swiss law: lessons to be drawn." International Sports Law Journal 20, no. 1-2 (2019): 3–17. http://dx.doi.org/10.1007/s40318-019-00163-6.

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AbstractHigh-profile decisions of the sports governing bodies and subsequent judicial decisions of the Court of Arbitration for Sports (CAS) in Lausanne, the Swiss Federal Tribunal and, sometimes, the European Court of Human Rights frequently draw wide public attention to the fact that in litigations of the sports world, the decisions of the sports governing bodies will generally be upheld on court appeal. This is due to the extraordinary autonomy that sports governing bodies enjoy under Swiss law, deriving on the one hand from the liberal legislations in Switzerland governing associations and

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21

Annas, Nurrahman, Salim Salim, and Muhaimin Muhaimin. "Cooperation Contract between Players and Club in Indonesian Futsal League (A Case Study on Netic Ladies Cibinong)." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (2019): 277. http://dx.doi.org/10.18415/ijmmu.v6i3.825.

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The implementation of Indonesia Futsal League cannot be separated from an agreement between players and club stated in a cooperation contract, including the cooperation contract between club and underage players occurred in Woman Pro Futsal League on a club named Netic Ladies Cibinong. The case relates to the Article 1320 concerning the legal terms of an agreement in which the subjective requirement of an agreement cannot be fulfilled and Law No. 13 of 2003 concerning Employment in Article 52 Paragraph (1) Point c. In this study, normative empirical law study is used in which the researcher ob

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22

Mavromati, Despina. "National Disputes Before the Court of Arbitration for Sport (CAS)." SSRN Electronic Journal, 2012. http://dx.doi.org/10.2139/ssrn.2573335.

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23

"O Regulamento de Arbitragem Esportiva do CBMA." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 1, no. 1 (2019): 155–71. http://dx.doi.org/10.52028/rbadr.v1i1.8.

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In 2016, the Brazilian Football Confederation (CBF) instituted a new dispute resolution system for the Brazilian football market, upon the reform of its National Dispute Resolution Chamber (the so-called CNRD), with jurisdiction to settle disputes regarding a wide variety issues, from labor and commercial matters to disciplinary ones. Chosen to review the decisions of CNRD in appeal, the Centro Brasileiro de Mediação e Arbitragem (CBMA) – one of the most well-known and vanguardist arbitral institutions in Brazil, funcioning in commercial arbitration since 2002 – sought inspiration from the Swi

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24

Czepek, Jakub. "Sports in the Case-Law of the European Court of Human Rights." Espaço Jurídico Journal of Law [EJJL], October 21, 2019. http://dx.doi.org/10.18593/ejjl.20212.

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Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe. Recently, the European Court of Human Rights has developed its case-law concerning sport-related issues, such as football supporters related violence and prevention of events of hooliganism, anti-doping related issues or fairness of proceedings before The Court of Arbitration for Sport (CAS) in Lausanne or the protection of professional athletes’ rights in the context of anti-doping re

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Mavromati, Despina. "The Role of the Swiss Federal Tribunal and Its Impact on the Court of Arbitration for Sport (CAS)." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.2845237.

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26

Vasilyev, Ilya, Margarita Margarita Izmalkova, and Raisa Khalatova. "The Views of the Court of Arbitration for Sport and the Austrian Football Association on legal liability for the conduct of supporters." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 8 (December 15, 2018). http://dx.doi.org/10.14746/ppuam.2018.8.24.

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The clubs legal responsibility for the behavior of supporters is used by UEFA to in-fluence the content of sports competitions, ideally abstracted from demonstrating by spectators any non-football ideas. Nevertheless, the regulation of the national associa-tions-members of UEFA also assumes the responsibility of the clubs and, sometimes, the supporters themselves for the unacceptable behavior of the latter. The experience of regulation this issue by the Austrian Football Association demonstrates mentioned approach. Therefore, it is interesting to make a comparison: how much the regulated respo

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