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Research On CAS Advisory System

Posted on:2011-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:X B LuoFull Text:PDF
GTID:2166330332464441Subject:International law
Abstract/Summary:PDF Full Text Request
With the development of global sports, the disputes produced by sports are gradually increasing, and attention paid by theoretical world and the practical world is also rising. In order to perfect China's sports disputes settlement mechanism, how to draw lessons from other countries and the international society is a topic which worth researching. The author believes that CAS advisory system has a positive meaning to settling sports disputes. Not only can it alleviate the pressure of CAS, but also can settle sports disputes in a more gentle way.In order to research the advisory system, the paper starts from the basic introduction, which will make it known to people. As to China has not applied advisory opinion before, and scholars in China haven't paid attention to this system, so the system is not familiar to the Chinese. Consequently, the paper introduces the advisory system specially, mainly through discussing the concept and consequences of it and the contrasts with other systems, which will bring readers more familiarity in a lateral and vertical way.Then, the author spreads out the process of advisory system. Process is the main basis when CAS arbitrators give advisory opinion. It is the premise of a fair opinion advisory.After this, the paper analyses some classic cases formed in practice. According to the digests of CAS Awards and the cases published in CAS official web, the author makes a form from the aspects of case number, year, appellants, arbitrators, matter, decision date and outcome.Besides, the paper elaborates the drawbacks and the opportunities of advisory system. Though the advisory system has its superiorities, it still has some shortcomings. Admitting these shortcomings is necessary for using and perfecting the advisory system. At the same time, the system is facing a series of internal and external opportunities. People should make full use of them.At last, the author gives her own viewpoint on how to establish and perfect China's advisory system. The author hope that through the research, the theoretical world and the practical world will pay more attention to this issue, and the author also hope that China can make full use of the system to perfect sports disputes settlement mechanism, making an important contribution to the development of sports career.
Keywords/Search Tags:the Court of Arbitration for Sport (CAS), Advisory System, Advisory Opinion
PDF Full Text Request
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