The Legal Regulation Of International Transferring Disputes In The Field Of Professional Sport

Recent years with the commercialization and the internationalization of theprofessional sport, sport disputes especially the transfer disputes of professionalathletes have been paid much attention. The settlement of these disputes challengesthe traditional sport autonomy, and calls for legal regulation outside the system ofsport autonomy. This thesis focuses on the functioning of judicial mechanism andconstructing satisfactory dispute settlement system for transferring disputes. Takingtransfers of European professional football as example, this thesis thoroughly analyzesthe ways of resolving international transferring disputes, and then comes up withsome proposals for the settlement of professional transferring disputes in ChinaBesides preface and concluding remarks, this thesis, totally thirty thousandwords, is divided into five chapters.In the first chapter, the causes and variations of sport disputes are discussed andthe four characteristics of professional transferring dispute are summarized: thedisputes may be caused by lawful action; the statuses of parties may be equal orunequal; the commercialization has become increasingly obvious; and the settlementof these disputes may cover wide range of laws, rules and regulations.In the second chapter, from the angle of Union of European FootballAssociation and its member associations, the internal dispute settlement mechanismbased on sport autonomy is analyzed. Then the erosion of autonomy of current sportsorganizations is confirmed respectively from legislation, administration andjurisdiction.The third chapter concentrates on Court of Arbitration for Sports, introducingarbitration for transferring disputes, highlighting fairness—its critical advantage bycomparison with internal disputes settlement mechanism, and discussing itsjurisdiction, application of procedural law as well as substantive law.The fourth chapter argues that in the background of commercialization thepursuit of fairness in the process of resolving sport disputes calls for judicialintervention. In this situation, the sport autonomy and judicial intervention shouldcoordinate well with each other. Out of the respect for sport autonomy, this thesisasserts that the cautious attitude should be adopted; the principles of exhaustion ofinternal remedies and procedural review should be conformed to. Unless the right towork, one of the primary human rights, is deprived of, the judicial intervention ofsubstantive issues can not be accepted.In the chapter five, four pieces of suggestion to improve the settlement of transferring disputes in China are brought up: the legalization and standardization ofChinese Football Association; the establishment of arbitration court; theencouragement of application of Court of Arbitration for Sports; and the judicialintervention of courts.