Font Size: a A A

Study On Governance Disputes Of International Sports Organizations

Posted on:2021-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:S LuoFull Text:PDF
GTID:2416330611460628Subject:Law
Abstract/Summary:PDF Full Text Request
With the vigorous development of global sports,the trend of sports commercialization and globalization has been irreversible,accompanied by a series of sports disputes.International sports organization governance disputes take shape in the context of global sports autonomy.Research on international sports governance disputes can find out the focus of such disputes and summarize the CAS referee rules,so as to find the key to the governance of international sports organizations and the resolution of disputes,and finally promote the improvement of international sports autonomy and international sports law.The governance of international sports organizations is closely related to the autonomy of international sports organizations,but the two are not equivalent.The governance disputes of international sports organizations are limited to internal management disputes,which arise when international sports organizations exercise the right of autonomy for internal management,and are an integral part of the autonomy disputes of international sports organizations.The governance disputes of international sports organizations can be divided into procedural disputes and substantive disputes.The procedural disputes mainly discuss the issues of jurisdiction,admissibility and standing to sue or standing to be sued.The substantive disputes mainly include the dispute of membership and the dispute of members' rights.There are many reasons forthe disputes,but the most direct reason are the lag of the articles of association and the lack of due process in the dispute resolution process.On the basis of analyzing these reasons and summarizing all kinds of judgment rules,the corresponding countermeasures and Suggestions for governance disputes can be put forward.The key to the dispute resolution is to perfect the autonomy constitution of sports organization and make it legal and international.There are two ways to legalize the articles of association.One is to revise the articles of association by summarizing the CAS adjudication rules.The second is to determine the general legal principles of organizational governance and dispute resolution,such as the principle of fairness and good faith,the principle of procedural justice,etc.,and to give consideration to legal fairness in promoting sports autonomy.In addition,it is necessary to improve the internal relief,supervision,accountability and information disclosure mechanism of international sports organizations from the perspective of system construction.However,the situation of judicial intervention in the governance of international sports organizations and the process of dispute resolution needs to be treated rationally.It is necessary to recognize the exclusion of judicial intervention in the current dispute resolution,and at the same time,the unique role of the judiciary in dealing with sports disputes should not be ignored.Therefore,limited judicial intervention should be insisted.Summing up the causes of such disputes,the rules of adjudication and some legal principles as well as the countermeasures of dispute resolution can not only providereference for the resolution of disputes concerning the governance of international sports organizations,but also provide enlightenment for the resolution of other kinds of sports disputes.In addition,the improvement of the autonomy statutes of international sports organizations needs these research materials,and the process of caselegalization of CAS also needs these rules and principles to be promoted.The study of international sports governance disputes is an important link in the study of international sports autonomy and an important force to improve international sports law and promote international sports autonomy.
Keywords/Search Tags:Arbitration for sport, Governance disputes, International sports organizations, Articles of association
PDF Full Text Request
Related items